Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 44719 (ALL)

MOHAN LAL AND 3 OTHERS v. STATE OF UTTAR PRADESH AND 3 OTHERS

CRLP/7866/2025 · 2025-04-22

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:61515-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 7866 of 2025 Petitioner :- Mohan Lal And 3 Others Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Abhijit Kumar,Bharat Singh Pal Counsel for Respondent :- G.A.,Riyaz Ahmad Siddiqui Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Heard learned counsel for the petitioners, Sri Mumtaz Ahmad Siddiqui, Advocate holding brief of Sri Riyaz Ahmad Siddiqui, learned counsel for the respondent no.4, learned AGA for the State and perused the record. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 14.3.2025 giving rise to Case Crime No.0087 of 2025, under Sections- 126(2), 115(2), 110, 351(3) of Bharatiya Nyaya Sanhita, 2023, Police Station - Karchana, District - Yamuna Nagar (Commissionerate Prayagraj), but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under section 35 of Bharatiya Nagarik Suraksha Sanhita, 2023. 3. We have perused the the First Information Report, which prima facie discloses commissioning of 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, the authorities are directed 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. 6. The writ petition, accordingly, is disposed of. Order Date :- 23.4.2025/Akbar (Madan Pal Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad