Mohammad Sifte Hasan And 2 Others vs State Of Up And 2 Others
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Allahabad High Court

Mohammad Sifte Hasan And 2 Others vs State Of Up And 2 Others on 5 November, 2024

Bench: Rajiv Gupta, Vipin Chandra Dixit

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:173872-DB
 
Court No. - 47
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 19614 of 2024
 

 
Petitioner :- Mohammad Sifte Hasan And 2 Others
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Sonu Kumar Tiwari
 
Counsel for Respondent :- G.A.,Nishi Sengar
 

 
Hon'ble Rajiv Gupta,J.
 

Hon'ble Vipin Chandra Dixit,J.

1. Heard learned counsel for the petitioners, learned AGA for the State as well as Sri Nishi Sengar, learned counsel for respondent no. 3 and perused the record.

2. Although, the prayer made in this writ petition is to quash the FIR dated 10.10.2024, arising out of Case Crime No. 498 of 2024, under Sections 318 (4), 316 (2), 351 (2) Bhartiya Nayaya Sanhita, Police Station- Tappal, District- Aligarh, but when the matter has been taken up, learned counsel for the petitioners has submitted that all the offences, complained of, are punishable up to seven years and therefore, before effecting the arrest of the petitioners, specific provisions contained in Section 35 of B.N.S.S. be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments.

3. We have perused the FIR, which prima facie discloses the cognizable offence against the petitioners and therefore, the prayer made to quash the FIR cannot be entertained in view of law laid down by Hon'ble Apex Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and as such, we are of the view that no interference is warranted.

4. However, considering the fact that all the offences, complained of in the impugned FIR, are punishable with a term up to 7 years, therefore, in case of effecting the arrest of the petitioners in pursuance of the impugned FIR, it is directed that the respondents/ authorities shall ensure that the specific provisions contained in Section 35 of B.N.S.S. and the guidelines issued by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 as well as the directions issued in judgement and order dated 28.01.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3 Others Vs. State of U.P. and 3 Others) reported in 2021 (2) ACR 1147, be strictly complied with.

5. With the aforesaid observations, the instant writ petition stands disposed of.

Order Date :- 5.11.2024

HR