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Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 13821 of 2025 Petitioner :- Barej Sharma Alias Warij Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lalit Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J.
1. Supplementary Affidavit filed today be kept on record.
2. Heard learned counsel for the petitioners and learned AGA for the State.
3. Although, the prayer made in this writ petition is to quash the First Information Report dated 26.5.2025 giving rise to Case Crime No.0156 of 2025, under Sections 74 of Bhartiya Nyay Sanhita, 2023 and Section 9e, 10 of Protection of Children from Sexual Offences Act, Police Station - Noida Sector-20, District - Gautam Budha Nagar, but at the time when the matter is taken up
learned counsel for the petitioners confines his relief to grant of protection under section 35 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
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, 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.
7. The writ petition, accordingly, is disposed of.
Order Date :- 3.7.2025 vijay krishna Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad