NAVEEN KUMAR AND 6 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/5503/2025 · 2025-10-09
Lakshmi Kant Shukla, Mayur Jain Jt Registrar J Listing
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33086 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33086 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 5503 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE LAKSHMI KANT SHUKLA, J.
1. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 02.03.2025 registered as Case Crime No. 0125 of 2025, under Sections 498-A, 323, 504, 506, 307 IPC and Section 3/4 D.P. Act, Police Station- Transport Nagar, District - Meerut and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
2. Learned counsel appearing on behalf of petitioners after some length of arguments on merits made an innocuous prayer that before arresting the petitioners police may be directed to follow the principle laid down by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273.
3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the petition on merits but he has no objection to the innocuous prayer made by learned counsel for the petitioners.
4. Heard learned counsel appearing on behalf of the petitioner, learned A.G.A. appearing on behalf of the State, Sri Pavan Kishore, learned counsel appearing on behalf of respondent no.4 and perused the record.
5. Taking into consideration the submissions and prayer made by learned counsel for the petitioners and no objection by learned A.G.A. on innocuous prayer made by learned counsel for the petitioners, we are inclined to allow the innocuous prayer made by learned counsel for the petitioners. Versus Counsel for Petitioner(s) : Haseen Ahmad, Saurabh Basu, Shailesh Upadhyay, Sipte Husain, Tushar Sharma Counsel for Respondent(s) : G.A., Pavan Kishore Naveen Kumar And 6 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
6. The writ petition is disposed of with a direction to the authorities concerned to ensure the procedure of arrest as per the guidelines of the Supreme Court enshrined in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 and provision of Section 35(3) of B.N.S.S. October 10, 2025 Atul CRLP No. 5503 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad