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2025 DAILYLAW 74030 (ALL)

FATAB AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/14917/2025 · 2025-07-21

Sandeep Chaudhary Joint Registrar Judicial, Siddhartha Varma

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Judgment text

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Neutral Citation No. - 2025:AHC:119286-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14917 of 2025 Petitioner :- Fatab And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Zafar Yab Khan,Shahroze Khan Counsel for Respondent :- G.A.,Shashi Bhushan Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J. 1.Heard learned counsel for the petitioner, Sri Shashi Bhushan learned counsel for the respondent no.3 and learned AGA for the State. 2.Although prayer made in this writ petition is to quash the First Information Report registered on 24.6.2025 as Case Crime No. 113 of 2025, under Sections 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)Da, 3(1)Dha, 3(2)(Va) of the SC/ST Act, Police Station - Jogiya Udaipur, District - Siddharth 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 the Bharatiya Nagarik Suraksha Sanhita, 2023. 3.We have perused the the First Information Report which prima facie discloses 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. 6. It is expected of the Police not to harass the petitioner till the conclusion of the investigation in any manner whatsoever. However, the petitioner shall cooperate in the investigation. 7. The writ petition is, accordingly, disposed of. Order Date :- 22.7.2025 PK (Anil Kumar-X,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad