SMT SOFIYA AND 5 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/19839/2025 · 2025-09-07
Pramod Kumar Srivastava, Vivek Kumar Birla
Criminal Appealbody2025
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[ 2025 DAILYLAW 92154 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 92154 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19839 of 2025 Court No. - 42 HON'BLE VIVEK KUMAR BIRLA, J.
HON'BLE PRAMOD KUMAR SRIVASTAVA, J.
1. Heard Sri Mukul Yadav, learned counsel for the petitioners and Sri G.P. Singh, learned AGA for the State-respondents. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 11.07.2025 giving rise to Case Crime No.0132 of 2025, under Sections 115(2), 351(2), 352 of B.N.S. and Section 3/4 Dowry Prohibition Act, 1961, Police Station - Azim Nagar, District - Rampur, 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. Although the prayer for quashing of FIR has been made, but without insisting on the same, only submission is that all alleged offences are punishable with imprisonment upto seven years, therefore the police authorities are bound to follow the procedure laid down under Section 35 BNSS. The petitioners have been wrongly implicated and could not be arrested. Reliance has been placed on the judgement of Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017 Writ Petition (Criminal) No. 156 of 2017 and in Satendra Kumar Antil vs. Central Bureau of Investigation and Another (2022) 10 SCC 51 and co-ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 Versus Counsel for Petitioner(s) : Mukul Yadav, Rajesh Yadav Counsel for Respondent(s) : G.A. Smt Sofiya And 5 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
others in 2021 (2) ACR 1147. 4. We have gone through the impugned first information report and without interfering in the same, we are of the opinion that the guidelines framed by the Apex Court in the above noted judgement are equally applicable to the facts of the instant case. 5. Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above.
September 8, 2025 Kumar Manish CRLP No. 19839 of 2025 2 (Pramod Kumar Srivastava,J.) (Vivek Kumar Birla,J.) Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad