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Neutral Citation No. - 2025:AHC:101047-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 13576 of 2025 Petitioner :- Pawan Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Neeraj Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J.
Order on Criminal Misc. Exemption Application This exemption application is allowed.
Order On Memo of Petition
1. Heard learned counsel for the petitioner and learned AGA for the State-respondents.
2. Although, the prayer made in this writ petition is to quash the First Information Report dated 18.12.2019 giving rise to Case Crime No.1220 of 2019, under Sections 406, 506, 504, 420, 419 IPC, Police Station - Farrukhabad, District Fatehgarh, 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, 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 :- 1.7.2025 Mukesh Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad