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Neutral Citation No. - 2025:AHC:109802-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14280 of 2025 Petitioner :- Minakshi Sharma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Prakash Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J.
1. Sri Amit Rana, Advocate, has filed his vakalatnama on behalf of informant/respondent no.4, is taken on record.
2. Heard learned counsel for the petitioners and learned AGA for the State- respondents.
3. Although, the prayer made in this writ petition is to quash the First Information Report dated 17.06.2025 giving rise to Case Crime No.401 of 2025, under Sections 420 and 406, IPC, Police Station Sahibabad, District Ghaziabad.
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 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad