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2025 DAILYLAW 75661 (ALL)

DEVENDRA YADAV ALIAS GOLU ALIAS DEVANSH SINGH YADAV v. STATE OF U.P. AND 3 OTHERS

CRLP/15935/2025 · 2025-07-24

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122716-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 15935 of 2025 Petitioner :- Devendra Yadav Alias Golu Alias Devansh Singh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Tiwari,Jitendra Kumar Maurya Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. Ref: Criminal Misc. Exemption Application 1. The application seeking exemption from filing the certified copy of the First Information Report is allowed. Order on petition 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 27.06.2025 giving rise to Case Crime No.0164 of 2025, under Sections 281, 125(a), 125(b), 106 of B.N.S., Police Station - Mugra Badshahpur, District - Jaunpur, 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 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. It is expected of the police not to harass the petitioner till the decision of the investigation in any manner whatsoever. However, the petitioner shall co-operate in the investigation. 7. The writ petition, accordingly, is disposed of. Order Date :- 25.7.2025 M.S. Ansari (Madan Pal Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad