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2025 DAILYLAW 87313 (ALL)

DHAVAL KUMAR SARAF AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/18106/2025 · 2025-09-10

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18106 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. This case is wrongly connected with the Crl. Misc. Writ Petition Nos. 16401 of 2025 and 18160 of 2025. Thus, this writ petition is disconnected and taken separately. 2. Heard learned counsel for the petitioners and learned AGA for the State- respondents. 3. Although, the prayer made in this writ petition is to quash the First Information Report dated 27.07.2025 giving rise to Case Crime No. 228 of 2025 under Sections 323, 504, 506, 420 and 406 of I.P.C., Police Station - Prem Nagar, District - Jhansi, but at the time when the matter is taken up learned counsel for the petitioners confine their relief to grant of protection under section 41-A of Code of Criminal Procedure. 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 Versus Counsel for Petitioner(s) : Kamlesh Kumar Tiwari Counsel for Respondent(s) : G.A. Dhaval Kumar Saraf And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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. September 11, 2025 vijay krishna CRLP No. 18106 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad