Allahabad High Court
AKSHAY KUSHWAHAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The FIR cannot be quashed as it discloses a prima facie case of offence, and no interference is warranted.
Summary
The petitioner, Akshay Kushwaha, filed a writ petition challenging the registration of an FIR dated 19 July 2026 under Sections 317(2) of the Bhartiya Nagrika Suraksha Sanhita, 2023, Section 3 of the Prevention of Damage to Public Property Act, and Sections 3 and 25 of the Arms Act. The High Court examined the FIR and found that it disclosed a prima facie case of offence, rendering the prayer to quash the FIR untenable. The Court relied on the Supreme Court precedents in State of Telangana v. Habib Abdullah Jellani and Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra, which prohibit interference where a prima facie case exists. While refusing to quash the FIR, the Court directed that any arrest of the petitioner must strictly comply with Sections 41(1)(b) and 41‑A of the CrPC, Sections 35(3)‑35(7) of the Bhartiya Nagrika Suraksha Sanhita, 2023, and the guidelines laid down in Arnesh Kumar v. State of Bihar and the Court’s own 2021 order in Vimal Kumar v. State of U.P. Consequently, the writ petition was disposed of without granting any relief.
Issues considered
- Whether the FIR registered against the petitioner can be quashed on the ground of lack of prima facie evidence.
- Whether the High Court can interfere with the FIR under the principles laid down by the Supreme Court in earlier judgments.
Legislation cited
- Arms Act — s. 25, 3
- Bhartiya Nagrika Suraksha Sanhita, 2023 — s. 317(2), 35(3), 35(4), 35(5), 35(6), 35(7)
- Code of Criminal Procedure, 1973 — s. 41(1)(b), 41-A
- Prevention of Damage to Public Property Act — s. 3
Subjects
- FIR quash
- Criminal Procedure Code
- Section 41 CrPC
- Arrest guidelines
- Bhartiya Nagrika Suraksha Sanhita
- Arnesh Kumar guidelines
- Prevention of Damage to Public Property
- Arms Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 19696 of 2026
Akshay Kushwaha
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dhirendra Bahadur Singh
Counsel for Respondent(s) : G.A.
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
Heard the counsel for the petitioner and the A.G.A. for the State.
The present petition has been filed challenging the First Information
Report dated 19.07.2026 registered as Case Crime No.0152 of 2026,
under Sections 317(2) B.N.S., 2023, Section 3 Prevention of Damage to
Public Property Act and Section 3/25 Arms Act, Police Station Jalaun,
District Jalaun.
We have perused the FIR, which prima facie discloses commission of
offence 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 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.
However, considering the fact that all the offences, complained of in the
impugned FIR, are punishable with a term up to seven years, therefore, in
case of effecting the arrest of the petitioner in pursuance of the impugned
FIR, it is directed that the respondents/ authorities shall ensure that the
specific provisions contained in Section 41(1)(b) and Section 41-A of
CrPC/Section 35(3) to 35(7) of Bhartiya Nagrika Suraksha Sanhita, 2023
and the guidelines issued by Hon'ble Apex Court in the case of Arnesh
Kumar Vs. State of Bihar, (2014) 8 SCC 273 as well as the directions
issued in judgement and order dated 28.01.2021 of this Court passed in
CRLP No. 19696 of 2026
2
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.
With the aforesaid observations, the instant writ petition stands disposed
of.
(Padam Narain Mishra,J.) (Salil Kumar Rai,J.)
September 18, 2026
Nisha
Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad
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