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2025 DAILYLAW 98377 (ALL)

RAJANI KUMARI AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/21561/2025 · 2025-10-06

Achal Sachdev, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21561 of 2025 Court No. - 42 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ACHAL SACHDEV, J. 1. Sri S.K. Ojha has filed his Vakalatnama on behalf of the respondent no. 4. It be kept on record. 2. Heard learned counsel for the petitioners, learned AGA for the State- respondents and Sri S.K. Ojha, learned counsel appearing for the respondent no. 4. 3. Although, the prayer made in this writ petition is to quash the First Information Report dated 06.09.2025 giving rise to Case Crime No.138 of 2025, under Sections 191(2), 191(3), 131, 110, 115(2), 351(2) of B.N.S., Police Station - Shivkuti, District - Prayagraj, 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 Bharatiya Nagarik Suraksha Sanhita, 2023. 4. 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. 5. We are of the view that no interference is warranted. 6. However, considering the fact that all offences mentioned in the present Versus Counsel for Petitioner(s) : Rajanee Kumari, Ravendra Pratap Counsel for Respondent(s) : G.A. Rajani Kumari And 4 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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 petitioners till the conclusion of the investigation in any manner whatsoever. However, the petitioners shall co-operate in the investigation. 7. The writ petition is, accordingly, disposed of. October 7, 2025 M.S. Ansari CRLP No. 21561 of 2025 2 (Achal Sachdev,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad