MANUJAY YADAV AND 3 OTHERS v. State of UP AND 3 OTHERS
CRLP/12356/2024 · 2025-04-23
Madan Pal Singh, Siddhartha Varma
body2025
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[ 2025 DAILYLAW 77212 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77212 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:63381-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 12356 of 2024 Petitioner :- Manujay Yadav And 3 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Anoop Pandey,Shivendra Pratap Singh Counsel for Respondent :- G.A.,Mukhtar Alam,Saquib Mukhtar,Shreshtha Yadav Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.
1. Case is called out in the revised list.
2. No one has appeared on behalf of the petitioners even though Sri Yawar Mukhtar, Advocate holding brief of Sri Mukhtar Alam,
learned counsel for the respondent is present.
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. The writ petition, accordingly, is disposed of.
7. Interim order, granted earlier, stands modified accordingly.
Order Date :- 24.4.2025 M.S. Ansari (Madan Pal Singh,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad