AHSAN USMANI AND 2 OTHERS v. STATE OF UTTAR PRADESH AND 3 OTHERS
CRLP/20530/2026 · 2026-09-07
Jai Krishna Upadhyay, Siddhartha Varma
body2026
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[ 2026 DAILYLAW 5329 (ALL) · dailylaw.ai ]
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[ 2026 DAILYLAW 5329 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20530 of 2026 Court No. - 44 HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Heard learned counsel for the petitioners, learned AGA for the State- respondents and learned counsel appearing for the informant.
2. Although, the prayer made in this writ petition is to quash the First Information Report dated 08.08.2026 registered as Case Crime No.0277 of 2026, under Sections 115(2), 352, 351(2) of B.N.S. and Sections 3(2)(v) and 3(2)(gha) of SC/ST Act, Police Station - Saini, District - Kaushambi, 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.
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) : Ankit Tiwari, Lalit Kumar Tripathi Counsel for Respondent(s) : G.A., Pradeep Kumar Ahsan Usmani And 2 Others .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s)
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 co-operate in the investigation.
7. The writ petition is, accordingly, disposed of. September 8, 2026 M.S. Ansari CRLP No. 20530 of 2026 2 (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad