ASHISH SHARMA AND 5 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/17566/2025 · 2025-08-19
Abdul Shahid, Siddhartha Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84878 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84878 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:142491-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17566 of 2025 Petitioner :- Ashish Sharma And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Jatan Yadav Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Abdul Shahid,J. 1.Learned counsel for the petitioners is permitted to correct prayer during course of the day.
2. Heard Sri Ram Jatan Yadav, learned counsel for the petitioners, Sri Himanshu Mishra, learned counsel for the informant and learned AGA for the State.
3. Although, the prayer made in this writ petition is to quash the First Information Report dated 24.7.2025 giving rise to Case Crime No. 115 of 2025, under Sections 85, 115(2), 352, 74, 316(2), 127(2) of B.N.S.and Section 3/4 Dowry Prohibition Act, Police Station Kamlanagar, district Agra, 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.
4. 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.
5. We are of the view that no interference is warranted.
6. 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.
7. 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.
8. The writ petition, accordingly, is disposed of. Order Date :- 20.8.2025 M. Tarik Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad