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Neutral Citation No. - 2025:AHC:108415-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14260 of 2025 Petitioner :- Amit Kushwaha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Roopesh Kumar Nigam,Udantika Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J.
1. Sri Rajesh Kumar Singh, Advocate filed vakalatnama on behalf of respondent no. 4 is taken on record.
2. Heard learned counsel for the petitioner and learned AGA for the State-respondents.
3. Although, the prayer made in this writ petition is to quash the First Information Report dated 23.4.2025 giving rise to Case Crime No. 77 of 2025, under Sections 406, 420 IPC, Police Station - Audyogik Kshetr, 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 35 of Bharatiya Nagarik 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, 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.
7. The writ petition, accordingly, is disposed of. Order Date :- 9.7.2025 Ujjawal Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad