Allahabad High Court
CRLP/20485/2026 of KAPIL DHAMA AND 2 OTHERS Vs THE STATE OF UTTAR PRADESH AND 3 OTHERS on 7 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20485 of 2026 Court No. - 44 HON'BLE SIDDHARTHA VARMA, J. HON'BLE JAI KRISHNA UPADHYAY, J. 1. Heard learned counsel for the petitioners and learned Additional Government Advocate for the State. 2. Although, the prayer made in this writ
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 20485 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 petitioners and learned Additional Government Advocate for the State.
2. Although, the prayer made in this writ petition is to quash the First Information Report dated 26.7.2026 giving rise to Case Crime No.0288 of 2026, under Sections 351(2), 352, 351(3) and 351(4) of Bharatiya Nyaya Sanhita, 2023, Police Station - Loni Border, District - Ghaziabad, but at the time when the matter is taken up learned counsel for the petitioners confines his relief to grant of protection under section 41-A of Code of Criminal Procedure / 35 of Bharatiya Nagarik Suraksha Sanhita.
3. 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.
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, 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.
6. 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 co-operate in the investigation. Versus Counsel for Petitioner(s) : Atharva Dixit, Pranav Tiwary Counsel for Respondent(s) : G.A. Kapil Dhama And 2 Others .....Petitioner(s) The State Of Uttar Pradesh And 3 Others .....Respondent(s)
7. The writ petition, accordingly, is disposed of. September 8, 2026 safi CRLP No. 20485 of 2026 2 (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.) Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad