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Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 13371 of 2025 Petitioner :- Shubham Jaiswal And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abrar Ahmad Siddiqui Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,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 registered on 4.6.2025 as Case Crime No. 107 of 2025, under Sections 406, 420, 504 and 506 of IPC, Police Station - Pipri, District - Sonbhadra, 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 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.
6. The writ petition is, accordingly, disposed of. Order Date :- 1.7.2025 PK (Anil Kumar - X,J.) (Siddhartha Varma,J.)
Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad