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2025 DAILYLAW 193163 (ALL)

MD MASHOOD AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/12661/2025 · 2025-07-06

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 12661 of 2025 Court No. - 47 HON'BLE J.J. MUNIR, J. HON'BLE TARUN SAXENA, J. When this matter has come up, we are informed that our own records have been weeded out. This petition was disposed of by an order of the Division Bench dated 07.07.2025 directing that the steps to arrest the petitioner during investigation ought only be taken in accordance with the law laid down by the Supreme Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and the directions there were underscored by the Division Bench to be followed by the respondents. Upon a petition for Special Leave being preferred by the petitioner, leave was granted by the Supreme Court and the appeal allowed vide judgment and order dated 25.02.2026. The Supreme Court held that in a petition to quash the F.I.R. under Article 226 of the Constitution, or for that matter, an application under Section 528 B.N.S.S., the law is that it ought to be decided on merits, rather than dismissing the same as infructuous or by directing the Police to follow the decision of the Supreme Court in Arnesh Kumar (Supra). It is pursuant to this order of the Supreme Court setting aside the order of the Division Bench dated 07.07.2025 disposing of the present writ petition that this petition has been restored to file and has come up before us. We must say that in haste and an unsavory manner, the records of this writ petition, which was physically filed have been weeded out by the Registry and digitized. So today, what we have is not the physical papers, but a copy from the uploaded data. Versus Counsel for Petitioner(s) : Budhi Sagar Tripathi Counsel for Respondent(s) : G.A. Md Mashood And 3 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Almost the same thing has happened to the learned Counsel for the petitioner or as he tells us, his records were sent to the learned Counsel in the Supreme Court and are not back yet in his hands. For the purpose, he seeks a short adjournment. The petitioner's rights would not be prejudiced because there is an interim order granted by the Supreme Court, which would remain operative all through that this case remains pending before this Court. In the circumstances, we adjourn this matter to 07.05.2026, when it will come up as fresh again. April 30, 2026 AS/Deepak CRLP No. 12661 of 2025 2 (Tarun Saxena, J.) (J.J. Munir, J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad