DIBBU ALIAS DEVENDRA PATHAK v. THE STATE OF UP AND 3 OTHERS
CRLP/19956/2025 · 2025-09-08
Pramod Kumar Srivastava, Vivek Kumar Birla
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 93014 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 93014 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19956 of 2025 Court No. - 42 HON'BLE VIVEK KUMAR BIRLA, J.
HON'BLE PRAMOD KUMAR SRIVASTAVA, J.
1. List of fresh cases revised.
2. No one is present for the informant.
3. Heard Ms. Vatsala, learned counsel for the petitioner and Sri Rahul Asthana, learned A.G.A. for State respondents.
4. This writ petition has been filed for quashing the impugned First Information Report No. 371 of 2025 dated 22.8.2025 under Sections 115 (2), 352, 351 (3) BNS read with sections 3 (2)(va) and 3 (1)(Da) of SC/ST, P.S. Mauranipur, District Jhansi. A further prayer has been made to command the respondents not to arrest the petitioner in the aforesaid case.
5. Although, prayer for quashing of FIR has been made, but without insisting on the same, only submission is that all the alleged offences are punishable with imprisonment of seven years, therefore, the police authorities are bound to follow the procedure laid down under Section 35 BNSS. The petitioner has been wrongly implicated and could not be arrested. Reliance has been placed on the judgment 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 Co-ordinate Bench of this Court in Vimal Kumar & 3 Others Vs. State of U.P. & 3 Others, 2021 (2) ACR 1147. Versus Counsel for Petitioner(s) : Ravi Kant, Vatsala Counsel for Respondent(s) : G.A., Tarun Jha Dibbu Alias Devendra Pathak .....Petitioner(s) The State Of Up And 3 Others .....Respondent(s)
6. We have gone through the impugned first information report and we are of the opinion that the guidelines framed by the Apex Court in the above noted judgment are equally applicable to the facts of the instant case.
7. Accordingly, the instant petition also stands disposed of in terms of the judgments noted above. September 9, 2025 Madhurima CRLP No. 19956 of 2025 2 (Pramod Kumar Srivastava,J.) (Vivek Kumar Birla,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad