ANIL @ AKASH AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/7737/2025 · 2025-04-21
Nand Prabha Shukla, Siddhartha Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44758 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44758 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:60517-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 7737 of 2025 Petitioner :- Anil @ Akash And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surendra Nath Chauhan Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Ms. Nand Prabha Shukla,J.
1. Heard learned counsel for the petitioners and learned AGA for the State.
2. Although, the prayer made in this writ petition is to quash the First Information Report dated 27.3.2025 giving rise to Case Crime No. 0104 of 2025, under Sections 74, 115(2), 351(2), 323, 117(2) Bhartiya Nayay Sanhita, 2023 and 7/8 POCSO Act, Police Station Haldharpur, District Mau 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 Bharatiya Nagarik Suraksha Sanhita.
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 :- 22.4.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad