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2025 DAILYLAW 74055 (ALL)

SARWARE ALAM @ SARBRE ALI v. STATE OF U.P. AND 2 OTHERS

CRLP/14826/2025 · 2025-07-14

Sandeep Chaudhary Joint Registrar Judicial, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113707-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14826 of 2025 Petitioner :- Sarware Alam @ Sarbre Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharmendra Prasad,Durga Prasad Swarnkar,Suryakant Verma Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and the learned AGA for the State. 2.Although prayer made in this writ petition is to quash the First Information Report registered on 2.6.2025 as Case Crime No.173 of 2025, under Section 420 IPC and Section 66D of I.T. Act, Police Station - Khadda, District - Kushi Nagar at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under section 41-A of Code of Criminal Procedure. 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. The writ petition is, accordingly, disposed of. Order Date :- 15.7.2025 LN Tripathi Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad