Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 62684 (ALL)

RAJENDRA SINGH v. STATE OF U.P. AND 2 OTHERS

CRLP/10636/2025 · 2025-05-22

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 10636 of 2025 Petitioner :- Rajendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anupam Dubey Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Heard learned counsel for the petitioner; learned counsel for the informant Sri Ashutosh Tripathi, who has filed his vakalatnama today itself and learned AGA for the State. The vakalatnama filed by Sri Ashutosh Tripathi be kept on record. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 24.3.2025 giving rise to Case Crime No.80 of 2025, under Sections 308(2) and 351(2) of Bharatiya Nyaya Sanhita, Police Station - Badalpur, District - Gautam Budh 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 35 of Bharatiya Nagarik Suraksha Sanhita. 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