MAHENDRA YADAV AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/23227/2025 · 2025-10-13
body2025
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[ 2025 DAILYLAW 191112 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 191112 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23227 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J.
HON'BLE DR. AJAY KUMAR-II, J.
1. Heard Mr. Mirza Ali Zulfaquar, the learned counsel for petitioners and the learned AGA for the State-respondents 1, 2 and 3.
2. Although prayer made in this writ petition is to quash the First Information Report registered on 24.06.2025 in Case Crime No. 358 of 2025, under Sections 115(2), 352, 351(2), 333, 110, B.N.S., Police Station Handiya, District Prayagraj but at the time when the matter is taken up
learned counsel for the petitioners confines his relief to grant of protection under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
3. We have perused the the First Information Report which prima facie discloses cognizable offence and, therefore, the prayer made to quash F.I.R. otherwise cannot be entertained in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315.
4. We are of the view that no interference is warranted.
5. However, considering the fact that all offences, mentioned in the present case, are punishable with a term up to 7 years, therefore, authorities are
directed to ensure the procedure of arrest as per the guidelines of Supreme Court enshrined in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273.
6. It is expected of the Police not to harass the petitioners till the conclusion of the investigation in any manner whatsoever. However, the petitioners Versus Counsel for Petitioner(s) : Mirza Ali Zulfaqar Counsel for Respondent(s) : G.A. Mahendra Yadav And 3 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
shall cooperate in the investigation.
7. The writ petition is, accordingly, disposed of. October 14, 2025 Monika CRLP No. 23227 of 2025 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad