Tara Chand Anthony vs State Of Up And 2 Others
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Allahabad High Court

Tara Chand Anthony vs State Of Up And 2 Others on 8 November, 2024

Bench: Ashwani Kumar Mishra, Gautam Chowdhary

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:175407-DB
 
Court No. - 43
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 20191 of 2024
 

 
Petitioner :- Tara Chand Anthony
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Santosh Kumar Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ashwani Kumar Mishra,J.
 

Hon'ble Dr. Gautam Chowdhary,J.

1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

2. Although, the prayer made in this writ petition is to quash the F.I.R. dated 28.09.2024 registered as Case Crime No.334 of 2024, under Sections 281 and 125(b) B.N.S., 2023, Police Station-Masuri, District-Ghaziabad, but when the matter has been taken up, learned counsel for the petitioner has submitted that offences, complained of, are punishable only up to seven years and, therefore, before effecting the arrest of the petitioner, specific provisions contained in Section 35(1)(b) of B.N.S.S., 2023 and Section 35(3)-35(7) of B.N.S.S., 2023 be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments.

3. We have perused the F.I.R., which prima facie discloses cognizable offences against the petitioner and, therefore, the prayer made to quash the F.I.R. cannot be entertained in view of law laid down by Hon'ble Apex Court in the cases 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 F.I.R., are punishable with a term up to seven years, therefore, in case of effecting the arrest of the petitioner in pursuance of the impugned F.I.R., it is directed that the respondents/ authorities shall ensure that the specific provisions contained in Section 35(1)(b) of B.N.S.S., 2023 and Section 35(3)-35(7) of B.N.S.S., 2023 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 :- 8.11.2024

CS/-