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Neutral Citation No. - 2025:AHC:146020-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17925 of 2025 Petitioner :- Tejpal And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ankit Nehra,Naily Choudhary Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State.
2. Although, the prayer made in this writ petition is to quash the First Information Report dated 16.06.2025, giving rise to Case Crime No. 358 of 2025, under Sections- 85, 115(2), 352, 351(2) B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station- Garhmukteshwar, District- Hapur, but at the time when the matter is taken up, learned counsel for the petitioners confines his relief for grant of protection under Section 35 B.N.S.S.
3. We have perused 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, 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 as well as the directions issued in judgement and order dated 28.01.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020.
6. The writ petition, accordingly, is disposed of. Order Date :- 23.8.2025 KS (Arun Kumar Singh Deshwal,J.) (Siddhartha Varma,J.) Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad