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2025 DAILYLAW 31918 (ALL)

SACHIN KUMAR RAI AND 2 OTHERS v. STATE OF UTTAR PRADESH AND 3 OTHERS

CRLP/5293/2025 · 2025-04-09

Siddhartha Varma, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52809-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 5293 of 2025 Petitioner :- Sachin Kumar Rai And 2 Others Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Shambhavi Nandan Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel for the petitioners and the learned AGA for the State. 2. Although prayer made in this writ petition is to quash the First Information Report 19.11.2024 registered as Case Crime No. 337 of 2024, under Sections 406, 506 of I.P.C., Police Station - Machhali Shahar, District - Jaunpur but at the time when the matter is taken up learned counsel for the petitioners confines his relief to grant of protection under section 41-A of Code of Criminal Procedure. 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, 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. 6.The writ petition is, accordingly, disposed of. Order Date :- 10.4.2025 M.S. Ansari (Vipin Chandra Dixit,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad