AMIT SHUKLA AND 3 OTHERS v. State of UP AND 3 OTHERS
CRLP/5605/2024 · 2025-05-22
Madan Pal Singh, Siddhartha Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49777 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49777 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:87835-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 5605 of 2024 Petitioner :- Amit Shukla And 3 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Avaneesh Mishra,Kuldeep Kumar Gupta Counsel for Respondent :- G.A.,Rajan Mishra,Shalini Mishra Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.
1. Heard Sri Kuldeep Kumar Singh, learned counsel for the petitioners, Sri Rajan Mishra, 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 08.11.2023 giving rise to Case Crime No.331 of 2023, under Sections-498A, 406 IPC and Section 3, 4 of Dowry Prohibition Act, 1961, Police Station - Tharwai, District - Ganganagar, but at the time when the matter is taken up learned counsel for the petitioners confines their relief to grant of protection.
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 :- 23.5.2025 Mini . (Madan Pal Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad