MAN SINGH YADAV AND 5 OTHERS v. STATE OF UTTAR PRADESH AND 2 OTHERS
CRLP/15907/2025 · 2025-08-06
Pramod Kumar Srivastava, Siddhartha Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77162 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77162 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:133651-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 15907 of 2025 Petitioner :- Man Singh Yadav And 5 Others Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Anjani Kumar Dubey,Deepak Upadhyay Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Pramod Kumar Srivastava,J. Criminal Misc. Exemption Application No. 1 of 2025
1. Application is allowed.
2. The petitioners are exempted from filing a certified copy of the first information report dated 1.7.2025 registered as Case Crime No. 175 of 2025, under Sections 191(3), 115(2), 352, 351(2), 110 and 191(2) of B.N.S., 2023, Police Station - Manjhanpur, District - Kaushambi.
Order on Petition
3. Heard Sri Deepak Kumar Mishra holding brief of Sri Deepak Upadhyay, learned counsel for the petitioners and the learned AGA for the State.
4. Although prayer made in this writ petition is to quash the first information report dated 1.7.2025 registered as Case Crime No. 175 of 2025, under Sections 191(3), 115(2), 352, 351(2), 110 and 191(2) of B.N.S., 2023, Police Station - Manjhanpur, District - Kaushambi., 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.
5. 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.
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, 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.
8. It is expected of the Police not to harass the petitioners till the conclusion of the investigation in any manner whatsoever. However, the petitioners shall cooperate in the investigation.
9. The writ petition is, accordingly, disposed of.
Order Date :- 7.8.2025 PK (P.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad