Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 70641 (ALL)

SUBHASH AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/14052/2025 · 2025-07-06

Sandeep Chaudhary Joint Registrar Judicial, Siddhartha Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:106673-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14052 of 2025 Petitioner :- Subhash And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rishi Kumar Prajapati,Virendra Kumar Maurya Counsel for Respondent :- 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-respondents. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 15.6.2025 giving rise to Case Crime No.109 of 2025, under Sections 85, 115(2), 352, 351(3) of BNS and 3/4 D.P. Act, Police Station - Badagaon, District Saharanpur, but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under section 35 of Bharatiya Nagarik Suraksha Sanhita, 2023. 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 :- 7.7.2025/Mukesh Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad