RAKESH KUMAR OJHA @ GHANSHYAM v. STATE OF U.P. AND 2 OTHERS
CRLP/10635/2025 · 2025-05-22
Madan Pal Singh, Siddhartha Varma
body2025
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[ 2025 DAILYLAW 62457 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 62457 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:88051-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 10635 of 2025 Petitioner :- Rakesh Kumar Ojha @ Ghanshyam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Kumar Singh Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.
1. Heard learned counsel for the petitioner and learned AGA for the State.
2. Although, the prayer made in this writ petition is to quash the First Information Report dated 9.5.2025 giving rise to Case Crime No.0162 of 2025, under Sections 420, 504, 506 and 120-B of Indian Penal Code, Police Station - Govind Nagar, District - Kanpur Nagar, but at the time when the matter was taken up
learned counsel for the petitioner 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 :- 23.5.2025 GS (Madan Pal Singh, J.) (Siddhartha Varma, J.) Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad