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2026 DAILYLAW 4941 (ALL)

MOHD. TASLEEM AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/21554/2026 · 2026-09-08

Jai Krishna Upadhyay, Siddhartha Varma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21554 of 2026 Court No. - 44 HON'BLE SIDDHARTHA VARMA, J. HON'BLE JAI KRISHNA UPADHYAY, J. 1. Sri S.K. Shukla, learned Advocate, has filed his Vakalatnama on behalf of respondent No. 3, which is taken on record. 2. Heard learned counsel for the petitioners, learned counsel for the informant, Sri S.K. Shukla and learned AGA for the State-respondents. 3. Although, the prayer made in this writ petition is to quash the First Information Report dated 26.08.2026 giving rise to Case Crime No. 0318 of 2026, under Sections 318(2), 336(2) and 351(3) of the B.N.S, 2023, Police Station - Tronica City, Commissionerate Ghaziabad, District - Ghaziabad, but at the time when the matter is taken up learned counsel for the petitioners confines their 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 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) : Aditya Upadhyay, Ambrish Pandey Counsel for Respondent(s) : G.A. Mohd. Tasleem And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 7. It is expected of the police not to harass the petitioners till the conclusion of the investigation in any manner whatsoever. However, the petitioner shall co-operate in the investigation. 8. The writ petition, accordingly, is disposed of. September 9, 2026 vijay krishna CRLP No. 21554 of 2026 2 (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.) Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad