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2025 DAILYLAW 75894 (ALL)

AYUSH RAI AND 4 OTHERS v. STATE OF UP AND 3 OTHERS

CRLP/15388/2025 · 2025-07-27

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123700-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 15388 of 2025 Petitioner :- Ayush Rai And 4 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Subhash Singh Yadav Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Sandeep Jain,J. 1. Heard learned counsel for the petitioners and the learned AGA for the State. 2.Although prayer made in this writ petition is to quash the First Information Report registered on 5.7.2025 as Case Crime No. 140 of 2025, under Sections 191(2), 115(2), 352 of the Bharatiya Nyaya Sanhita, 2023, and Section 3(2)(va), 3(1)(Da) and 3(1)(Dha) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989) Act (Amendment, 2015), Police Station - Karimuddinpur, District - Ghazipur, 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 :- 28.7.2025 PK (Sandeep Jain, J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad