Amit Maurya Alias Amit Kumar v. State Of Uttar Pradesh And 2 Others
Case at a glance
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 137(2), 351(2), 352
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 35
Key paragraphs
- Para 66. The writ petition, accordingly, is disposed of. Order Date :- 8.7.2025 Mukesh
Judgment
#1. Heard learned counsel for the petitioner and learned AGA for the State-respondents.
#2. Although, the prayer made in this writ petition is to quash the First Information Report dated 21.6.2025 giving rise to Case Crime No.657 of 2025, under Sections 137(2), 352 and 351(2) of Bharatiya Nyaya Sanhita, Police Station - Robertsganj, District Sonbhadra, 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.
#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.
#6. The writ petition, accordingly, is disposed of. Order Date :- 8.7.2025 Mukesh
Precedent status how later indexed judgments have treated this case
No treatment data yet for this judgment in the Courts & Cases corpus.
Absence of data is not a statement about the judgment’s standing — the corpus covers only judgments we index and link with cited evidence.