Shekhawat Khan & Anr. v. State Of U.P. And 2 Others
Case at a glance
Outcome
Disposed of
With the aforesaid observations, the instant writ petition stands disposed of
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 324(4), 329(3), 329(4)
- Code of Criminal Procedure, 1973
Judgment
The present petition has been filed challenging the First Information Report dated
Operative part
07.08.2025 registered as Case Crime No. 0295 of 2025, under Sections 329(3), 329(4) and 324(4) of B.N.S., 2023, Police Station Ankur Vihar, District Ghaziabad. We have perused the FIR, which prima facie discloses commission of offence and therefore, the prayer made to quash the FIR cannot be entertained in view of law laid down by Hon'ble Apex Court in the cases of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and as such, we are of the view that no interference is warranted. However, considering the fact that all the offences, complained of in the impugned FIR, are punishable with a term up to seven years, therefore, in case of effecting the arrest of the petitioners in pursuance of the impugned FIR, it is directed that the respondents/ authorities shall ensure that the specific provisions contained in Section 41(1)(b) and Section 41-A of CrPC/Section 35(3) to 35(7) of Bhartiya Nagrika Suraksha Sanhita, 2023 and the guidelines issued by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 as well as the directions issued in judgement and order dated 28.01.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3 Others Vs. State of U.P. and 3 Others) reported in 2021 (2) ACR 1147, be strictly complied with. With the aforesaid observations, the instant writ petition stands disposed of. September 17, 2025 n.u. (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) NASEEM UDDIN High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the aforesaid observations, the instant writ petition stands disposed of
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023 — ss. 324(4), 329(3), 329(4); Code of Criminal Procedure, 1973.
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.