Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 99057 (ALL)

NITIN NAUHBAR v. STATE OF U.P. AND 3 OTHERS

CRLP/21382/2025 · 2025-10-05

Achal Sachdev, Siddhartha Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21382 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ACHAL SACHDEV, J. 1. Heard learned counsel for the petitioner and learned AGA for the State. 2. Although, the prayer made in this writ petition is to quash the First Information Report dated 31.8.2025 giving rise to Case Crime No.271 of 2025, under Sections 318(4), 115(2), 352 and 351(3) of Bharatiya Nyaya Sanhita, 2023, Police Station - Ahmadgarh, District - Bulandshahr 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. 3. 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. 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, 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. Versus Counsel for Petitioner(s) : Manish Srivastava, Mukul Srivastava, Vikas Srivastava Counsel for Respondent(s) : G.A. Nitin Nauhbar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 6. It is expected of the police not to harass the petitioner till the conclusion of the investigation in any manner whatsoever. However, the petitioner shall co-operate in the investigation. 7. The writ petition, accordingly, is disposed of. October 6, 2025 GS CRLP No. 21382 of 2025 2 (Achal Sachdev,J.) (Siddhartha Varma,J.) Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad