VIVEK VERMA AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
CRLP/15266/2025 · 2025-07-17
Madan Pal Singh, Siddhartha Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 75728 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 75728 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:116967-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 15266 of 2025 Petitioner :- Vivek Verma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mithilesh Kumar Shukla Counsel for Respondent :- G.A.,Vijay Prakash Chaturvedi Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.
1. Learned counsel for the petitioners has erroneously stated that in the column whereby charging sections have been given for the Case Crime Number, one of the charging section i.e. "76" has wrongly been typed as section "70". He prays for correction of the same. 2. Learned counsel for the petitioner is permitted to correct the said mistake during the course of the day. 3. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents. 4. Although, the prayer made in this writ petition is to quash the First Information Report dated 27th June, 2025 giving rise to Case Crime No. 134 of 2025, under Sections 76 and 115 (2) of B.N.S., 2023, Police Station-Georgetown, District-Prayagraj 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. 5. We have perused 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. 6. We are of the view that no interference is warranted. 7. 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. 8. 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. 9. The writ petition, accordingly, is disposed of.
(Madan Pal Singh, J.) (Siddhartha Varma, J.) Order Date :- 18.7.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad