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2025 DAILYLAW 73018 (ALL)

ANIL KUMAR AND 3 OTHERS v. STATE OF UP AND 3 OTHERS

CRLP/14735/2025 · 2025-07-13

Madan Pal Singh, Siddhartha Varma

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Judgment text

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Neutral Citation No. - 2025:AHC:112925-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14735 of 2025 Petitioner :- Anil Kumar And 3 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Girish Kishor Sharma Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Heard learned counsel for the petitioners and learned AGA for the State. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 09.06.2025 giving rise to Case Crime No. 215 of 2025, under Sections 329(3), 115(2), 352, 324(4) of Bhartiya Nyay Sanhita, 2023, Police Station - Dhampur, District - Bijnor 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 the Bhartiya Nagrik 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, therefore, authorities are directed to ensure the procedure of arrest as per the guidelines of Supreme Court enshrined in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273 as well as the directions issued in judgement and order dated 28.1.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020. 6. The writ petition, accordingly, is disposed of. Order Date :- 14.7.2025 vijay krishna Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad