Akram v. Chandra Kumar Singh

#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 21.8.2025 giving rise to Case Crime No. 0753 of 2025, under Sections 318(4), 352, 351(3) BNS, Police Station Khurja Nagar, District Bulandshshar, 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. 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. September 25, 2025 sfa/ (Abdul Shahid,J.) (Siddhartha Varma,J.)