KUSUMA DEVI AND 4 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/9370/2025 · 2025-05-08
Madan Pal Singh, Siddhartha Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54494 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54494 (ALL) · dailylaw.ai ]
Judgment text
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Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 9370 of 2025 Petitioner :- Kusuma Devi And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ishwar Chandra Tyagi,Ram Charan Lal Counsel for Respondent :- G.A.,Pradeep Kumar Shukla Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.
1. Heard learned counsel for the petitioners, learned counsel for the opposite party no.3 and learned AGA for the State.
2. Although, the prayer made in this writ petition is to quash the First Information Report dated 13.02.2025, giving rise to case crime no.129 of 2025, under section 318 (4), 116(2), 351(2) B.N.S., Police Station -Bithri Chainpur, District - Bareilly, but at the time when the matter is taken up learned counsel for the petitioners confines his relief to grant of protection under section 41-A of Code of Criminal Procedure.
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 :- 9.5.2025 Neeraj (Madan Pal Singh, J.) (Siddhartha Varma, J.) Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad