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2025 DAILYLAW 194521 (ALL)

KAMRAN AND 5 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/23219/2025 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23219 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J. 1. Heard Mr. Hardev Prajapati, the learned counsel for petitioners and the learned A.G.A. representing respondents 1 & 2. 2. Perused the record. 3.Although prayer made in this writ petition is to quash the First Information Report registered on 02.09.2025 lodged as Case Crime No. 14 of 2025, under Sections 115(2), 352, 351(3), 85 BNS and 3/4 Dowry Prohibition Act, Police Station - Ganjdundwara, District- Kasganj but at the time when the matter is taken up the learned counsel for petitioner confines his relief to grant of protection under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4.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. 5.We are of the view that no interference is warranted. 6. 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. 7. It is expected of the Police not to harass the petitioners till the conclusion of the investigation in any manner whatsoever. However, the petitioners shall cooperate in the investigation. October 14, 2025 Dhirendra/ Versus Counsel for Petitioner(s) : Hardev Prajapati, Renu Prajapati Counsel for Respondent(s) : G.A. (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Kamran And 5 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad