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2025 DAILYLAW 76544 (ALL)

KADIR ALI v. STATE OF U.P. AND 2 OTHERS

CRLP/15428/2025 · 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:124065-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 15428 of 2025 Petitioner :- Kadir Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sheetala Prasad Pandey Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Sandeep Jain,J. 1. Heard learned counsel for the petitioner, Sri Rakesh Kumar for the first informant and the learned AGA for the State. 2.Although prayer made in this writ petition is to quash the First Information Report registered on 19.05.2025 as Case Crime No. 422 of 2025, under Sections 75, 115(2), 333, 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023 and under Section 7/8 POCSO Act, Police Station - Khalilabad, District - Sant Kabir Nagar 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. 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/Himanshu Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad