ARVIND KUMAR PANDEY AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
CRLP/20143/2025 · 2025-09-16
Abdul Shahid, Siddhartha Varma
body2025
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[ 2025 DAILYLAW 93386 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 93386 (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. - 20143 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J.
HON'BLE ABDUL SHAHID, J. Criminal Misc.Exemption Application No. 1 of 2024
1. Heard learned counsel for the petitioners and the learned AGA for the State.
2. The petitioners are exempted from filing the certified copy of the FIR dated 23.8.2025.
3. The application is, accordingly, allowed. Order on Petition 4.Although prayer made in this writ petition is to quash the First Information Report registered on 23.8.2025 as Case Crime No. 217 of 2025, under Sections 406, 506 IPC, Police Station - Pataherwa, District - Kushi Nagar, 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 the Bharatiya Nagarik Suraksha Sanhita, 2023. 5.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. 6.We are of the view that no interference is warranted.
7. However, considering the fact that all offences, mentioned in the Versus Counsel for Petitioner(s) : Krishna Dutt Tiwari Counsel for Respondent(s) : G.A. Arvind Kumar Pandey And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
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.
8. It is expected of the Police not to harass the petitioner till the conclusion of the investigation in any manner whatsoever. However, the petitioners shall cooperate in the investigation.
9. The writ petition is, accordingly, disposed of. September 17, 2025 PK CRLP No. 20143 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad