Extracted from the PDF above. The PDF is authoritative.
Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 17182 of 2025
Petitioner :- Abhay And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Srivastava Counsel for Respondent :- Divya Yadav,G.A.,Rajesh Kumar Pal
Hon'ble Siddhartha Varma,J. Hon'ble Abdul Shahid,J.
Order on Criminal Misc. Exemption Application No. 1 of 2025
1. The requirement of filing certified copy of the impugned FIR dated 20.7.2025, is exempted.
2. The exemption application is disposed of, accordingly.
Order on Petition
1. Heard learned counsel for the petitioners, learned counsel for the respondent no. 4 and the learned AGA for the State.
2. Although prayer made in this writ petition is to quash the First Information Report registered on 20.7.2025 as Case Crime No. 276 of 2025, under Sections 76, 115(2), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 7, 8 of POCSO, 2012, Police Station - Farah, District - Mathura, 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 the Bharatiya Nagarik Suraksha Sanhita, 2023.
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
case, are punishable 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. It is expected of the police not to harass the petitioners till the conclusion of the investigation in any manner whatsoever. However, the petitioners shall co-operate in the investigation.
7. The writ petition is, accordingly, disposed of.
Order Date :- 11.9.2025 M. Tarik CRLP No. 17182 of 2025 2 Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad