BABITA AND 3 OTHER v. STATE OF UTTAR PRADESH AND 3 OTHER
CRLP/14613/2025 · 2025-07-10
Madan Pal Singh, Siddhartha Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73564 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73564 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:110960-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14613 of 2025 Petitioner :- Babita And 3 Other Respondent :- State Of Uttar Pradesh And 3 Other Counsel for Petitioner :- Adarsh Srivastava,Reena Pal 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-respondents.
2. Although, the prayer made in this writ petition is to quash the First Information Report dated 14.05.2025 giving rise to Case Crime No.94 of 2025, under Sections 352, 351(3) of Bharatiya Nyaya Sanhita, Police Station - Rabupura, District - Gautam Budh Nagar, 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 :- 11.7.2025 M.S. Ansari (Madan Pal Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad