Laljit Yadav And 3 Others v. Prem Shankar, Umesh Yadav
Case at a glance
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 3(5), 309(4), 324(4), 351(2), 352
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 35
Key paragraphs
- Para 88. The writ petition, accordingly, is disposed of. September 23, 2025 sfa/ (Abdul Shahid,J.) (Siddhartha Varma,J.) SYED FAHEEM AHMAD High Court of Judicature at Allahabad
Judgment
Heard learned counsel for the petitioners and learned AGA for the State.
The prayer made in this writ petition is to quash the First Information Report dated 31.8.2025 giving rise to Case Crime No. 196 of 2025, under Sections 3(5), 324(4), 352, 351(2), 309(4) BNS, Police Station Tahbarpur, District Azamgarh.
Upon being informed that the investigation was not being investigated under Section 309(4) of BNS, learned counsel for the petitioners 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.
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.
The writ petition, accordingly, is disposed of. September 23, 2025 sfa/ (Abdul Shahid,J.) (Siddhartha Varma,J.) SYED FAHEEM AHMAD High Court of Judicature at Allahabad
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.