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2025 DAILYLAW 93862 (ALL)

SALAUDDIN @ SONU AND 7 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/20319/2025 · 2025-10-08

Achal Sachdev, Siddhartha Varma

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20319 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 dated 25.06.2025 as Case Crime No.60 of 2025, under Sections 85, 115(2), 352, 351(2), 305, 316(2) of the Bharatiya Nyaya Sanhita, 2023 and under section 3/4 of D.P. Act, Police Station Mahila Thana, District Meerut, 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 Versus Counsel for Petitioner(s) : Yogendra Pal Singh Counsel for Respondent(s) : G.A. Salauddin @ Sonu And 7 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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. 7. The writ petition is, accordingly, disposed of. October 9, 2025 VKG CRLP No. 20319 of 2025 2 (Achal Sachdev,J.) (Siddhartha Varma,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad