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2025 DAILYLAW 74390 (ALL)

RASHID MALIK v. STATE OF UP AND 2 OTHERS

CRLP/14834/2025 · 2025-07-14

Sandeep Chaudhary Joint Registrar Judicial, Siddhartha Varma

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Judgment text

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Neutral Citation No. - 2025:AHC:113860-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 14834 of 2025 Petitioner :- Rashid Malik Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Atul Kumar Tiwari 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 30.6.2025 as Case Crime No.435 of 2025, under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 28(a) of UP Urban Planning and Development Act, Police Station - Lisadi Gate, District - Meerut, but at the time when the matter is taken up learned counsel for the petitioner 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. 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