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2025 DAILYLAW 52814 (ALL)

RAM DAYAL AND 7 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/8875/2025 · 2025-05-04

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71335-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 8875 of 2025 Petitioner :- Ram Dayal And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Tripathi,Nikhilesh Kumar Chaudhary Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Sri Hitesh Kumar Srivastava, learned counsel has filed his Vakalatnama on behalf of the Respondent No. 4/informant, today in the Court, which is taken on record. 2. Heard learned counsel for the petitioners, Sri Hitesh Kumar Srivastava, learned counsel for the Respondent No. 4/informant, learned AGA for the State and perused the record. 3. Although, the prayer made in this writ petition is to quash the First Information Report dated 06.04.2025 giving rise to Case Crime No. 0141 of 2025, under Sections- 191(2), 333, 115(2), 352, 351(2), 74 of Bharatiya Nyaya Sanhita, 2023, Police Station - Sirauli, District -Bareilly. 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 :- 5.5.2025 VS (Madan Pal Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad