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2025 DAILYLAW 89981 (ALL)

RAMESH KUMAR v. STATE OF U.P. AND 3 OTHERS

CRLP/19167/2025 · 2025-09-07

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19167 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. Order on Criminal Misc. Exemption Application No. 2 of 2025 1. The requirement of filing certified copy of the impugned FIR dated 20.8.2025, is exempted. 2. The exemption application is disposed of, accordingly. Order on Petition 1. Heard learned counsel for the petitioner and learned AGA for the State. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 20.8.2025 giving rise to Case Crime No. 347 of 2025, under Section 3/7 of Essential Commodities Act, 1955, Police Station Rasulabad, District Kanpur Dehat, but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under section 35 of Bharatiya Nagarik Suraksha Sanhita. 3. 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. 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, the authorities are directed to Versus Counsel for Petitioner(s) : Ajay Sengar Counsel for Respondent(s) : G.A. Ramesh Kumar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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. 6. It is expected of the police not to harass the petitioner till the conclusion of the investigation in any manner whatsoever. However, the petitioner shall co-operate in the investigation. 7. The writ petition, accordingly, is disposed of. September 8, 2025 M. Tarik CRLP No. 19167 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad