Allahabad High Court
CRLP/21499/2026 of MD OQAIS AHMAD Vs STATE OF U.P. AND 3 OTHERS on 8 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21499 of 2026 Court No. - 44 HON'BLE SIDDHARTHA VARMA, J. HON'BLE JAI KRISHNA UPADHYAY, J. 1. Criminal Misc. Exemption Application is allowed. 2. Heard learned counsel for the petitioner, Mr. Mohd Nasir and Mr. Adnan Amir in behalf of
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21499 of 2026
Court No. - 44
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
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1. Criminal Misc. Exemption Application is allowed.
2. Heard learned counsel for the petitioner, Mr. Mohd Nasir and Mr. Adnan Amir in behalf of the first informant, and learned Additional Government Advocate for the State.
3. Although, the prayer made in this writ petition is to quash the First Information Report dated 26.07.2026 giving rise to Case Crime No. 613 of 2026, under Sections 318(4), 61(2), 352. 351(3) of Bharatiya Nyaya Sanhita, 2023, Police Station - Kawarsi, District - Aligarh, 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.
4. 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.
5. We are of the view that no interference is warranted.
6. However, considering the fact that all offences mentioned in the Versus Counsel for Petitioner(s) : Mohd Nasir, Mohd. Gufran Counsel for Respondent(s) : G.A. Md Oqais Ahmad .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
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.
7. It is expected of the police not to harass the petitioners till the conclusion of the investigation in any manner whatsoever. However, the petitioner shall co-operate in the investigation.
8. The writ petition, accordingly, is disposed of.
September 9, 2026 S.K.S. CRLP No. 21499 of 2026 2 (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad