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2025 DAILYLAW 58914 (ALL)

NARESH GIRI AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/10010/2025 · 2025-05-16

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82533-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 10010 of 2025 Petitioner :- Naresh Giri And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sonu Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Heard learned counsel for the petitioners and learned AGA for the State. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 30.04.2025 giving rise to Case Crime No.100 of 2025, under Section 115(2), 351(2) 351(3), 352 BNS, Police Station-Narora, District-Bulandshahar, 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 :- 17.5.2025/Neeraj (Madan Pal Singh, J.) (Siddhartha Varma, J.) Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad