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2025 DAILYLAW 51149 (ALL)

PANKAJ YADAV v. STATE OF U.P. AND ANOTHER

CRLP/8611/2025 · 2025-04-30

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:69342-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 8611 of 2025 Petitioner :- Pankaj Yadav Respondent :- State of U.P. and Another Counsel for Petitioner :- Alauddin,Fakhruddin Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Heard learned counsel for the petitioner and learned AGA for the State. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 11.04.2025 giving rise to Case Crime No.157 of 2025, under Sections 317(2) of the Bhartiya Nyay Sanhita, 2023 and and 3/25 Arms Act, Police Station - Dhanghata, District - Sant Kabir Nagar, 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 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 :- 1.5.2025 vkj Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad