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Neutral Citation No. - 2025:AHC:144653-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 18303 of 2025 Petitioner :- Mohan Gupta And 3 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manish Kumar Singh,Vineet Tiwari Counsel for Respondent :- G.A.,Ravi Shankar Kanojiya Hon'ble Siddhartha Varma,J. Hon'ble Sandeep Jain,J. Criminal Misc. Exemption Application No. 1 of 2025
1. Heard learned counsel for the petitioners, Sri Ravi Shankar Kanojiya learned counsel for the informant and the learned AGA for the State.
2. The petitioners are exempted from filing the certified copy of the first information report dated 29.7.2025.
3. Application is, accordingly, allowed.
Order on Petition
4. Although prayer made in this writ petition is to quash the First Information Report registered on 29.7.2025 as Case Crime No. 286 of 2025, under Sections 74, 351(3), 352, 115(2), 110 of the Bharatiya Nyaya Sanhita, 2023, Police Station - Rasra, District - Ballia, 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. 5.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. 6.We are of the view that no interference is warranted.
7. 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.
8. 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 cooperate in the investigation.
9. The writ petition is, accordingly, disposed of.
Order Date :- 22.8.2025 PK Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad