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Neutral Citation No. - 2025:AHC:131114-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16185 of 2025 Petitioner :- Sijan Qureshi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Neeraj Singh,Shaikh Mohd Mujib Ur Rahman Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J.
1. Heard learned counsel for the petitioners and learned AGA for the State-respondents.
2. Although, the prayer made in this writ petition is to quash the First Information Report dated 20.10.2024 giving rise to Case Crime No.0632 of 2024, under Sections 299, 325 of B.N.S., Section 11(1)(I) of Prevention of Cruelty to Animals Act and Section 66D of I.T. Act, Police Station - Naini, District - Yamuna Nagar (Commissionerate Prayagraj) Prayagraj, 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 Bharatiya Nagarik Suraksha Sanhita, 2023.
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 petitioners till the decision of the investigation in any manner whatsoever. However, the petitioners shall co-operate in the investigation.
7. The writ petition, accordingly, is disposed of. Order Date :- 5.8.2025 M.S. Ansari (Anil Kumar-X,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad