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2025 DAILYLAW 47412 (ALL)

ABHILASH KESARWANI AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/8078/2025 · 2025-05-01

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70304-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 8078 of 2025 Petitioner :- Abhilash Kesarwani And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepanshu Sharma,Saiful Islam Siddiqui,Tahira Kazmi Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,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 08.04.2025 was lodged under Section 303(2) of the Bhartiya Nyay Sanhita, 2023 bearing FIR No. 0148 of 2025, Police Station - Civil Lines, District - Nagar (Commissionerate Prayagraj), 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 Bhartiya Nagrik 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, 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 (2014) 8 SCC 273. 6. The writ petition, accordingly, is disposed of. Order Date :- 2.5.2025 vkj Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad