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Neutral Citation No. - 2025:AHC:103554-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 13812 of 2025 Petitioner :- Mohd. Sonu Kuraishi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anurag Mishra,Sahibe Alam Counsel for Respondent :- G.A.,Jaishankar Prasad Tyagi,Lallan Chaubey Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J.
1. Heard learned counsel for the petitioner; learned AGA for the State and Sri Jai Shankar Prasad Tyagi for the private respondent.
2. Supplementary Affidavit filed today be kept on record.
3. Although, the prayer made in this writ petition is to quash the First Information Report dated 28.5.2025 giving rise to Case Crime No.143 of 2025, under Sections 74, 333, 352, 351(3) of Bharatiya Nyaya Sanhita, 2023 and section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station - Tharwai, District - Prayagraj, but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under section 35 of Bharatiya Nagarik Suraksha Sanhita.
4. 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.
5. We are of the view that no interference is warranted.
6. 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.
7. The writ petition, accordingly, is disposed of. Order Date :- 3.7.2025 GS (Anil Kumar-X, J.) (Siddhartha Varma, J.) Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad