RAJEEV GUPTA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
CRLP/20849/2025 · 2025-10-07
Achal Sachdev, Siddhartha Varma
body2025
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[ 2025 DAILYLAW 93400 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 93400 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20849 of 2025 Court No. - 42 HON'BLE SIDDHARTHA VARMA, J.
HON'BLE ACHAL SACHDEV, J.
1. Heard learned counsel for the petitioners, learned counsel for respondent no.4 and the learned AGA for the State.
2. Although prayer made in this writ petition is to quash the First Information Report registered on 16.06.2025 as Case Crime No. 0400 of 2025, under Sections 85, 82(1) of the Bharatiya Nyaya Sanhita, 2023 and under section 3/4 of D.P. Act, 1961, Police Station Chakeri, District Purvi, 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.
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 petitioners till the conclusion of the investigation in any manner whatsoever. However, the petitioners shall cooperate in the investigation. Versus Counsel for Petitioner(s) : Deeksha Gupta, Siddharth Srivastava Counsel for Respondent(s) : Abhishek Singh, G.A. Rajeev Gupta And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
7. The writ petition is, accordingly, disposed of. October 8, 2025 VKG CRLP No. 20849 of 2025 2 (Achal Sachdev,J.) (Siddhartha Varma,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad