Shivam Mishra @ Vijay Kumar And 4 Others v. State Of U.P. And 3 Others
Case at a glance
- Bench
- SIDDHARTHA VARMA, ACHAL SACHDEV
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 121, 132, 190, 191(2), 352
- Criminal Law Amendment Act, 1932 s. 7
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 35
Key paragraphs
- Para 99. The writ petition is, accordingly, disposed of. October 6, 2025 Zafar (Achal Sachdev,J.) (Siddhartha Varma,J.) MOHAMMAD ZAFAR ANSARI MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad High Court of Judicature at Allahabad
Judgment
Heard learned counsel for the petitioners and learned A.G.A. for the State.
The petitioners are exempted from filing the certified copy of the first information report dated 17.09.2025.
The application is, accordingly, allowed. Order on Petition
Although prayer made in this writ petition is to quash the First Information Report registered on 17.09.2025 as Case Crime No.0075 of 2025, under Sections 191(2), 190, 121, 132, 352 of B.N.S., 2023 and Section 7 Criminal Law Amendment Act, 1932, Police Station - Narwal, District - Commissionerate Kanpur Nagar, but at the time when the matter is taken up learned counsel for the petitioners 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. State of Maharashtra and Others, (2021) SCC Online SC 315. 2 CRLP No. 22358 of 2025
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 petitioners till the conclusion of the investigation in any manner whatsoever. However, the petitioners shall cooperate in the investigation.
The writ petition is, accordingly, disposed of. October 6, 2025 Zafar (Achal Sachdev,J.) (Siddhartha Varma,J.) MOHAMMAD ZAFAR ANSARI MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad 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.