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2025 DAILYLAW 31578 (ALL)

RAJESH v. STATE OF U.P. AND 2 OTHERS

CRLP/5212/2025 · 2025-04-15

Siddhartha Varma, Vipin Chandra Dixit

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Judgment text

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Neutral Citation No. - 2025:AHC:56134-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 5212 of 2025 Petitioner :- Rajesh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dheeraj Kumar Dwivedi Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel for the petitioner and the learned AGA for the State. 2. Although prayer made in this writ petition is to quash the First Information Report registered on 08.03.2022 as Case Crime No. 101 of 2022, under Sections 420, 406 & 506 IPC, Police Station - Cantt., District - Varanasi but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under section 41-A of Code of Criminal Procedure. 3. We have perused 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, are punisable 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 as well as of a division Bench judgement of this Court in the case of Vimal Kumar and 3 others vs. State of U.P. and 3 others reported in 2021 (2) ACR 1147. 6. The writ petition is, accordingly, disposed of. Order Date :- 16.4.2025 Kpy (Vipin Chandra Dixit, J) (Siddhartha Varma, J) Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad