ALOK SINGH RATHOR AND 6 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/5407/2025 · 2025-09-16
Abdul Shahid, Siddhartha Varma
body2025
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[ 2025 DAILYLAW 32470 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 32470 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 5407 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J.
HON'BLE ABDUL SHAHID, J.
1. Heard learned counsel for the petitioners, Ms.Monika Pal, learned counsel for the first informant and the learned AGA for the State.
2. Although prayer made in this writ petition is to quash the First Information Report registered on 15.1.2025 as Case Crime No. 14 of 2025, under Sections 85, 115(2), 352 of the Bharatiya Nyaya Sanhita, 2023 and 3, 4 D.P. Act, 1961, Police Station - Friends Colony, District - Etawah, 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 Versus Counsel for Petitioner(s) : Ram Prakash, Vikrant Pandey, Vivek Tiwari Counsel for Respondent(s) : G.A., Monika Pal Alok Singh Rathor And 6 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
(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 shall co-operate in the investigation. It is made clear that earlier protection granted to the petitioners stands vacated.
7. The writ petition is, accordingly, disposed of. September 17, 2025 LN Tripathi CRLP No. 5407 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad