Mohan Lal And 3 Others v. State Of Uttar Pradesh And 3 Others
Case at a glance
Provisions considered
Key paragraphs
- Para 66. The writ petition, accordingly, is disposed of. Order Date :- 23.4.2025/Akbar (Madan Pal Singh,J.) (Siddhartha Varma,J.) MOHAMMAD AKBAR High Court of Judicature at Allahabad
Judgment
Heard learned counsel for the petitioners, Sri Mumtaz Ahmad Siddiqui, Advocate holding brief of Sri Riyaz Ahmad Siddiqui, learned counsel for the respondent no.4, learned AGA for the State and perused the record.
Although, the prayer made in this writ petition is to quash the First Information Report dated 14.3.2025 giving rise to Case Crime No.0087 of 2025, under Sections- 126(2), 115(2), 110, 351(3) of Bharatiya Nyaya Sanhita, 2023, Police Station - Karchana, District - Yamuna Nagar (Commissionerate Prayagraj), 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.
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.
We are of the view that no interference is warranted.
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.
The writ petition, accordingly, is disposed of. Order Date :- 23.4.2025/Akbar (Madan Pal Singh,J.) (Siddhartha Varma,J.) MOHAMMAD AKBAR High Court of Judicature at Allahabad
Questions this judgment answers
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 35.
Which court decided this case, and when?
Allahabad High Court, on 23 Apr 2025. The bench was SIDDHARTHA VARMA, MADAN PAL SINGH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.