Allahabad High Court
CRLP/20503/2026 of RAKESH KUMAR Vs STATE OF U.P. AND 2 OTHERS on 7 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20503 of 2026 Court No. - 44 HON'BLE SIDDHARTHA VARMA, J. HON'BLE JAI KRISHNA UPADHYAY, J. 1. Heard learned counsel for the petitioner and the learned AGA for the State. 2.Although prayer made in this writ petition is to quash the First
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 20503 of 2026
Court No. - 44
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
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1. Heard learned counsel for the petitioner and the learned AGA for the State.
2. Although prayer made in this writ petition is to quash the First Information Report registered on 18.5.2026 as Case Crime No. 230 of 2026, under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station - Tappal, 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 the Bharatiya Nagarik Suraksha Sanhita, 2023.
3. 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.
4. We are of the view that no interference is warranted.
5. 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. Versus Counsel for Petitioner(s) : Gaurav Mishra, Shiv Sharan Tripathi Counsel for Respondent(s) : G.A. Rakesh Kumar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
6. 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.
7. The writ petition is, accordingly, disposed of. September 8, 2026 PK CRLP No. 20503 of 2026 2 (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad