ASHISH GIRI @ ASHISH KUMAR GIRI v. STATE OF U.P. AND 3 OTHERS
CRLP/19565/2025 · 2025-09-24
Abdul Shahid, Siddhartha Varma
body2025
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[ 2025 DAILYLAW 91505 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 91505 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19565 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J.
HON'BLE ABDUL SHAHID, J.
1. Heard learned counsel for the petitioner and the learned AGA for the State.
2. Although prayer made in this writ petition is to quash the FIR dated 21.08.2025, registered as Case Crime No. 33 of 2025, under section 318(2),318(4) B.N.S and 66(C),66(D) I.T Act, Police Station Cyber Crime, Varanasi, District Varanasi, 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 the Bharatiya Nagarik Suraksha Sanhita, 2023.
3. 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.
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, 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.
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 Versus Counsel for Petitioner(s) : Ankit Kumar Dubey, Anurag Vajpeyi, Ashutosh Kumar Shukla, Praveen Kumar Singh Counsel for Respondent(s) : G.A. Ashish Giri @ Ashish Kumar Giri .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
co-operate in the investigation.
7. The writ petition is, accordingly, disposed of. September 25, 2025 M. Tarik CRLP No. 19565 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad