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Neutral Citation No. - 2025:AHC:60436-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 7715 of 2025 Petitioner :- Ragib And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Himanshu Bansal,Shivam Yadav Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Ms. Nand Prabha Shukla,J.
1. Sri P.K. Singh has filed his Vakalatnama today on behalf of the respondent no.4, which is taken on record.
2. Heard learned counsel for the petitioners, learned counsel for the respondent no. 4 and learned AGA for the State.
3. Although, the prayer made in this writ petition is to quash the First Information Report dated 02.04.2025 in Case Crime No.0092 of 2025, lodged under section 316(2), 318(2) of B.NS., Police Station Inchauli, District Meerut, 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.
4. 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.
5. We are of the view that no interference is warranted.
6. 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.
7. The writ petition, accordingly, is disposed of. Order Date :- 22.4.2025/Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad