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Neutral Citation No. - 2025:AHC:114880-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14346 of 2025 Petitioner :- Alok Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ratan Kumar Mishra Counsel for Respondent :- Anurag Rai,G.A. Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J.
1. Heard learned counsel for the petitioners and learned AGA for the State.
2. Although, the prayer made in this writ petition is to quash the First Information Report dated 29.04.2025 giving rise to Case Crime No. 126 of 2025, under Sections 420, 406, 504, 506 and 120-B of the I.P.C., Police Station - Adalhat, District - Mirzapur, but at the time when the matter is 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, 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 as well as the directions issued in judgement and order dated 28.1.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020.
6. The writ petition, accordingly, is disposed of.
Order Date :- 16.7.2025 / vijay krishna Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad