Mujeeb Ullah @ Majeb Ullah v. Chandra Saroj
Case at a glance
- Bench
- SIDDHARTHA VARMA, ACHAL SACHDEV
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 110, 115(2), 191(2), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 s. 3(2)(va)
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 35
Judgment
The petitioner is exempted from filing the certified copy of the first information report dated 4.9.2025.
The application is, accordingly, allowed. Order on Petition
Although prayer made in this writ petition is to quash the First Information Report registered on 4.9.2025 as Case Crime No. 227 of 2025, under Sections 115(2), 352, 351(2), 191(2) and 110 of the Bharatiya Nyaya Sanhita, 2023, and Section 3(2)(va) of the SC/ST Act, Police Station - Akil, District - Kaushambi, 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 the Bharatiya Nagarik Suraksha Sanhita, 2023.
We have perused the the First Information Report which prima facie discloses 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. 2 CRLP No. 21948 of 2025 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, therefore, authorities are directed to ensure the procedure of arrest as per the guidelines of 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 cooperate in the investigation.
The writ petition is, accordingly, disposed of. October 9, 2025 PK (Achal Sachdev,J.) (Siddhartha Varma,J.) PRAVEEN KUMAR 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.
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