Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:157241-DB
Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 19136 of 2025 Petitioner :- Nazim And 3 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ansar Haider Rizvi,Rajesh Bhaskar Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Abdul Shahid,J.
1. Counter affidavit filed by Sri T. Islam on behalf of the respondent no. 5 be kept on record.
2. Heard learned counsel for the petitioners, Sri T. Islam for the respondent no. 5 and the learned AGA for the State. 3 .Although prayer made in this writ petition is to quash the First Information Report registered on 18.7.2025 as Case Crime No. 361 of 2025, under Sections 333, 74, 75, 76, 115(2), 351(2), 352 and 61(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 7/8 of the POCSO Act, Police Station - Civil Lines, District - Aligarh, 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. 4.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. 5.We are of the view that no interference is warranted.
6. 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.
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 cooperate in the investigation.
8. The writ petition is, accordingly, disposed of.
Order Date :- 8.9.2025 PK Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad