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2025 DAILYLAW 70646 (ALL)

RAJ KUMAR KUSHWAHA AND 6 OTHERS v. STATE OF U.P. AND 5 OTHERS

CRLP/14363/2025 · 2025-07-15

Sandeep Chaudhary Joint Registrar Judicial, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114564-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14363 of 2025 Petitioner :- Raj Kumar Kushwaha And 6 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ram Sajiwan Mishra,Satyam Mishra Counsel for Respondent :- Bharat Kumar Tripathi,G.A.,Rakesh Dubey Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners, learned counsel for private respondent and learned AGA for the State-respondents. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 20.5.2025 giving rise to Case Crime No.0023 of 2025, under Sections 351(2) and 352 of Bharatiya Nyaya Sanhita, at Police Station - Sheeshamau, District Central Commissionerate Kanpur Nagar, 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 :- 16.7.2025/Mukesh Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad