RAM NARESH AND 2 OTHERS v. STATE OF UTTAR PRADESH AND 3 OTHERS
CRLP/19548/2025 · 2025-09-24
Abdul Shahid, Siddhartha Varma
body2025
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[ 2025 DAILYLAW 91238 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 91238 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19548 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. Although, the prayer made in this writ petition is to quash the First Information Report 26.02.2023 registered at Case Crime No. 90 of 2023, under section 323,504,506,427,452 I.P.C, Police Station-Mauaima , District- Paryagraj, 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 / 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 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 petitioners till the conclusion of the investigation in any manner whatsoever. However, the Versus Counsel for Petitioner(s) : Jitendra Kumar, Santosh Kumar Tiwari Counsel for Respondent(s) : G.A. Ram Naresh And 2 Others .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s)
petitioners shall co-operate in the investigation.
7. The writ petition, accordingly, is disposed of. September 25, 2025 M. Tarik CRLP No. 19548 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad