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2025 DAILYLAW 89246 (ALL)

ASHISH SHUKLA AND 9 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/18853/2025 · 2025-09-17

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18853 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the petitioners and learned AGA for the State. 2. Learned counsel for the petitioners prays that the writ petition vis-a-vis petitioner no.1 be dismissed as not pressed. 3. The prayer is accepted and the writ petition vis-a-vis petitioner no.1 is dismissed as not pressed. 4. Although, the prayer made in this writ petition is to quash the First Information Report dated 9.7.2025 giving rise to Case Crime No. 195 of 2025, under Sections 498A, 323, 504, 506 IPC read with Section 3/4 of Dowry Prohibition Act, 1961, Police Station Harraiya, District Basti., 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, 2023 to petitioner nos. 2 to 10. 5. 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. 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, 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. 8. It is expected of the police not to harass the petitioner nos. 2 to 10 till the conclusion of the investigation in any manner whatsoever. However, the petitioners shall co-operate in the investigation. 9. The writ petition, accordingly, is disposed of. 10. This order has been passe din Sri Rajit Ram holding brief of Sri Ravindra Prakash Srivastava, learned counsel for the first-informant. Versus Counsel for Petitioner(s) : Shesh Narain Mishra Counsel for Respondent(s) : G.A., Ravindra Prakash Srivastava Ashish Shukla And 9 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) September 18, 2025 sfa/ CRLP No. 18853 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad