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2025 DAILYLAW 56800 (ALL)

GOPAL PRAJAPATI v. STATE OF U.P. AND 4 OTHERS

CRLP/9670/2025 · 2025-05-13

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79303-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 9670 of 2025 Petitioner :- Gopal Prajapati Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jagadish Prasad Yadav Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Sri Harendra Yadav, Advocate filed his vakalatnama on behalf of the informant is taken on record. 2. Heard Sri Jagadish Prasad Yadav, learned counsel for the petitioner, Sri Harendra Yadav, learned counsel for the 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 21.03.2025 giving rise to Case Crime No.102 of 2025, under Sections- 78, 352, 115(2) of Bharatiya Nyaya Sanhita, 2023, and Section 7/8 of POCSO Act Police Station - Maharajganj, District - Azamgarh, 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 Bharatiya Nagarik Suraksha Sanhita, 2023. 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 :- 14.5.2025/Akbar (Madan Pal Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad