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2025 DAILYLAW 61163 (ALL)

ROSHAN PANDEY AND 10 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/18243/2023 · 2025-04-15

Siddhartha Varma, Vipin Chandra Dixit

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Judgment text

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Neutral Citation No. - 2025:AHC:55440-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 18243 of 2023 Petitioner :- Roshan Pandey And 10 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Maha Prasad,Prabal Pratap,Ramesh Kumar,Seema Srivastava,Sr. Advocate Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel for the petitioners and the learned AGA for the State. 2. Although prayer made in this writ petition is to quash the First Information Report dated 06.11.2023 registered as Case Crime No. 0453 of 2023, under Sections 147, 505(2), 323, 354B, 504, 506 of I.P.C., & 3(1) (r), 3(1) (s) & 3(2) (v) S.C. S.T. Act, 1989 as amended in 2015 Police Station - Lanka, District - Varanasi but at the time when the matter was 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 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, are punishable with a term up to 7 years, therefore, authorities are directed to ensure the procedure of arrest as per the guidelines of Supreme Court enshrined in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273. 6.The writ petition is, accordingly, disposed of. Order Date :- 16.4.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad