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2025 DAILYLAW 80166 (ALL)

AATIF v. STATE OF U.P. AND 3 OTHERS

CRLP/16528/2025 · 2025-08-06

Pramod Kumar Srivastava, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133721-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16528 of 2025 Petitioner :- Aatif Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahmudul Hasan,Soni Gupta Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Pramod Kumar Srivastava,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 8.6.2025 giving rise to Case Crime No.114 of 2025, under Section 325 of Bharatiya Nyaya Sanhita, 2023 and section 11 of Prevention of Cruelty to Animals Act, 1960, Police Station - Mandawar, District - Bijnor but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under section 35 of Bharatiya Nagarik Suraksha Sanhita. 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 :- 7.8.2025 GS (P.K. Srivastava, J.) (Siddhartha Varma, J.) Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad