ABHISHEK DUBEY AND 6 OTHERS v. State of UP AND 2 OTHERS
CRLP/14757/2024 · 2025-04-09
Siddhartha Varma, Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89245 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89245 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:52621-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 14757 of 2024 Petitioner :- Abhishek Dubey And 6 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Alok Ranjan Tripathi Counsel for Respondent :- G.A.,Rohit Upadhyay Hon'ble Siddhartha Varma,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard learned counsel for the petitioners and the learned A.G.A. for the State.
2. Although prayer made in this writ petition is to quash the First Information Report registered 25.06.2024 as Case Crime No. 0524 of 2024, under Sections 498A, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, 1961, Police Station - Kotwali Shahar, District - Bulandshahar but at the time when the matter is taken up
learned counsel for the petitioners confines his relief to grant of protection under section 41-A of Code of Criminal Procedure. 3.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.
4. We are of the view that no interference is warranted.
5. However, considering the fact that all offences, mentioned in the present, 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 of a division Bench judgement of this Court in the case of Vimal Kumar and 3 others vs. State of U.P. and 3 others reported in 2021 (2) ACR 1147.
6. The writ petition is, accordingly, disposed of.
Order Date :- 10.4.2025 sailesh (Vipin Chandra Dixit, J.) (Siddhartha Varma, J.) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad