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2025 DAILYLAW 71739 (ALL)

DASHARATH SONKAR v. STATE OF U.P. AND 3 OTHERS

CRLP/14401/2025 · 2025-07-15

Sandeep Chaudhary Joint Registrar Judicial, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114986-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14401 of 2025 Petitioner :- Dasharath Sonkar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Pathak,Satya Narayan Tiwari,Vijay Kumari Pathak Counsel for Respondent :- G.A.,Sr. Advocate Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J. 1. Heard Sri Sageer Ahmad, learned Senior Counsel, assisted by Sri Anil Pathak, learned counsel for the petitioner and learned AGA for the State- respondents. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 02.01.2025 giving rise to Case Crime No.08 of 2025, under Sections 352, 351(2), 316(2) of B.N.S., 2023, Police Station Handia, 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. 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/VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad