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2025 DAILYLAW 61059 (ALL)

AMBIKA MISHRA AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

CRLP/10639/2025 · 2025-05-22

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88196-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 10639 of 2025 Petitioner :- Ambika Mishra And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Utkarsh Tripathi 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-respondents. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 26.03.2025 giving rise to Case Crime No.0041 of 2025, under Sections 115(2), 352, 351(3) of Bharatiya Nyaya Sanhita and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of S.C. and S.T. Act, 1989, Police Station - Trilokpur, District - Siddharth Nagar, but at the time when the matter is taken up learned counsel for the petitioners confines his relief to grant of protection under section 35 of Bharatiya Nagarik 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, 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 :- 23.5.2025 M.S. Ansari (Madan Pal Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad