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2025 DAILYLAW 90779 (ALL)

TEHSILDAR AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/19520/2025 · 2025-09-24

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19520 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the petitioners, learned counsel for the respondents and learned AGA for the State-respondents. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 03.08.2025 giving rise to Case Crime No.0442 of 2025, under Sections 191(2), 333, 115(2), 352, 351(2), 324(4) of B.N.S., Police Station Handia, District - Prayagraj 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. 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 Versus Counsel for Petitioner(s) : Abhishek Tripathi, Akhilesh Kumar Mishra, Rishabh Mishra Counsel for Respondent(s) : G.A., Lakshmi Kant Pandey, Sandeep Kumar Pandey Tehsildar And 4 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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 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 25, 2025 Prachi CRLP No. 19520 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad