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2025 DAILYLAW 72371 (ALL)

AKHILESH KUMAR TRIPATHI v. STATE OF U.P. AND 3 OTHERS

CRLP/14383/2025 · 2025-07-15

Sandeep Chaudhary Joint Registrar Judicial, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115138-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14383 of 2025 Petitioner :- Akhilesh Kumar Tripathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saumya Mishra,Tejasvi Misra Counsel for Respondent :- Madhumita Upadhyay,G.A.,Santosh Kumar Upadhyay Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner, learned counsel for respondent no.4 and learned AGA for the State-respondents. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 12.06.2025 giving rise to Case Crime No.0195 of 2025, under Section 324(4) and 326(f) of B.N.S., Police Station Colonelganj, 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