ATAR SINGH AND 6 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/16873/2025 · 2025-08-19
Abdul Shahid, Siddhartha Varma
body2025
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[ 2025 DAILYLAW 81280 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 81280 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:141883-DB Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 16873 of 2025
Petitioner :- Atar Singh And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Preete Chaudhary Counsel for Respondent :- G.A.,Shikhar Kaushal
Hon'ble Siddhartha Varma,J. Hon'ble Abdul Shahid,J.
1. Sri Apurva Hajela has filed his Vakalatnama on behalf of the respondent no. 4. It be kept on record.
2. Heard learned counsel for the petitioners, learned AGA for the State- respondents and Sri Apurva Hajela, learned counsel appearing for the respondent no. 4.
2. Although, the prayer made in this writ petition is to quash the First Information Report dated 14.7.2025 giving rise to Case Crime No.410 of 2025, under Sections 318(4), 316(2), 61(2), 351(2) of B.N.S., Police Station - Tappal, District - Aligarh, 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 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 :- 20.8.2025 M.S. Ansari (Abdul Shahid,J.) (Siddhartha Varma,J.) CRLP No. 16873 of 2025 2 Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad