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2025 DAILYLAW 76272 (ALL)

JASWANT @ GUDDU AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/15552/2025 · 2025-07-28

S Q H Rizvi, Siddhartha Varma

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:127524-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 15552 of 2025 Petitioner :- Jaswant @ Guddu And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Charan Lal Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard learned counsel for the petitioners and the learned AGA for the State. 2. Although, the prayer made in this writ petition is to quash the First Information Report registered on 1.7.2025 as Case Crime No. 262 of 2025, under Sections 115(2), 352, 351(3) BNS and 3(2) (va), 3(1)(r), 3(1)(s) SC/ST Act, Police Station - Jahanabad, District - Pilibhit, 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 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 petitioners till the decision of the investigation in any manner whatsoever. However, the petitioners shall co-operate in the investigation. 7. The writ petition, accordingly, is disposed of. Order Date :- 29.7.2025/Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad