SATISH GUPTA AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/20107/2025 · 2025-09-16
Abdul Shahid, Siddhartha Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 92958 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 92958 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20107 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J.
HON'BLE ABDUL SHAHID, J.
1. Heard learned counsel for the petitioners and the learned AGA for the State.
2. Although prayer made in this writ petition is to quash the First Information Report registered on 6.8.2025 as Case Crime No. 109 of 2025, under Sections 115(2), 351(3), 352, 74, 324(4), 333 of the Bharatiya Nyaya Sanhita, 2023, Police Station - Dubhad, District Ballia, 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. Versus Counsel for Petitioner(s) : Akhilesh Kumar Singh Counsel for Respondent(s) : G.A. Satish Gupta And 2 Others .....Petitioner(s) State Of U.P. And 3 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 is, accordingly, disposed of. September 17, 2025 M. Tarik CRLP No. 20107 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad