SANTOSH KUMAR KHARE AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/19298/2025 · 2025-09-15
Abdul Shahid, Siddhartha Varma
body2025
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[ 2025 DAILYLAW 90506 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 90506 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19298 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J.
HON'BLE ABDUL SHAHID, J.
1. Heard learned counsel for the petitioners; learned AGA for the State and Sri Virendra Kumar Gupta for the first informant.
2. Although, the prayer made in this writ petition is to quash the First Information Report dated 17.8.2025 giving rise to Case Crime No.365 of 2025, under Sections 419, 420, 379, 120-B of Indian Penal Code, Police Station - Kotwali Nagar (Mahoba), District - Mahoba 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 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 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. Versus Counsel for Petitioner(s) : Virendra Singh Parmar Counsel for Respondent(s) : G.A., Prashant Singh, Virendra Kumar Gupta Santosh Kumar Khare And 3 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
6. 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.
7. The writ petition, accordingly, is disposed of. September 16, 2025 GS CRLP No. 19298 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad