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2025 DAILYLAW 69428 (ALL)

ABHIMANYU v. STATE OF UTTAR PRADESH AND 3 OTHERS

CRLP/13597/2025 · 2025-06-30

Sandeep Chaudhary Joint Registrar Judicial, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101844-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 13597 of 2025 Petitioner :- Abhimanyu Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Abhay Krishn,Rakhi 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 23.06.2020 as Case Crime No. 0173 of 2020, under Sections 379 of the IPC, Police Station - Utraon, District - Prayagraj but at the time when the matter is taken up learned counsel for the petitioners 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, 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 vijay krishna Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad