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2025 DAILYLAW 79081 (ALL)

VINOD SINGH v. STATE OF U.P. AND 3 OTHERS

CRLP/16142/2025 · 2025-08-18

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141606-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16142 of 2025 Petitioner :- Vinod Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Kumar Dubey Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Abdul Shahid,J. 1. Heard learned counsel for the petitioner and learned AGA for the State. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 22.3.2024 giving rise to Case Crime No.0203 of 2024, under Sections 420, 406 and 506 of Indian Penal Code, Police Station - Vijay Nagar, District - Ghaziabad 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 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 petitioner till the conclusion of the investigation in any manner whatsoever. However, the petitioner shall co-operate in the investigation. 7. The writ petition, accordingly, is disposed of. Order Date :- 19.8.2025 GS (Abdul Shahid, J.) (Siddhartha Varma, J.) Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad