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2025 DAILYLAW 97954 (ALL)

HIRAWATI DEVI AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/21325/2025 · 2025-09-21

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21325 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. Caveat Application filed today be kept on record. 2. Heard learned counsel for the petitioner and learned AGA for the State-respondents. 3. Learned counsel for the petitioners prayed that the writ petition be dismissed vis-a-vis petitioner no.3, Janmejay Shukla, Son of Bhaguti Prasad. Prayer is accepted. The writ petition is dismissed vis-a-vis the petitioner No. 3. So far as petitioner Nos. 1, 2, 4 and 5 are concerned. 4. Although, the prayer made in this writ petition is to quash the First Information Report dated 02.07.2025 giving rise to Case Crime No. 275 of 2025, under Sections 85, 115(2), 351(2), 352 of B.N.S and Section 3/4 of the Dowry Prohibition Act, Police Station - Badlapur, District - Jaunpur, 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 Bharatiya Nagarik Suraksha Sanhita, 2023. 5. We have perused the the First Information Report, which prima facie discloses commissioning of 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 present case are punishable with a term up to 7 years, the authorities are directed to ensure the procedure of arrest as per the guidelines of the Supreme Court enshrined in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273. 7. It is expected of the police not to harass the petitioner till the conclusion of the Versus Counsel for Petitioner(s) : Bikash Kumar Mishra Counsel for Respondent(s) : Chandra Sen Pal, G.A., Jay Devi Hirawati Devi And 4 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) investigation in any manner whatsoever. However, the petitioner shall co-operate in the investigation. 8. The writ petition, accordingly, is disposed of. 9. This order was passed in the presence of Sri Chandra Sen Pal, learned counsel for the respondents. September 22, 2025 vijay krishna CRLP No. 21325 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad