NISHANT KUMAR CHAUDHARY v. STATE OF U.P. AND 3 OTHERS
CRLP/16042/2025 · 2025-08-10
Madan Pal Singh, Siddhartha Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78884 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78884 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:135551-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16042 of 2025 Petitioner :- Nishant Kumar Chaudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prakhar Shukla,Ramesh Kumar Shukla Counsel for Respondent :- Ashutosh Singh,G.A.,Neetu Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J.
1. Heard learned counsel for the petitioner and the learned AGA for the State.
2. Although prayer made in this writ petition is to quash the First Information Report dated 22.05.2025 registered as Case Crime No. 0205 of 2025, under Sections 420, 406, 504 and 506 of IPC, Police Station - Partapur, District - Meerut but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under section 41-A of Code of Criminal Procedure.
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, are punisable 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. The writ petition is, accordingly, disposed of. Order Date :- 11.8.2025 vijay krishna Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad