Allahabad High Court
MOHD. TASLEEM AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that the FIR cannot be quashed and ordered no interference, while directing the police to follow arrest guidelines and not harass the petitioners.
Summary
Petitioners Mohd. Tasleem and others filed a writ petition seeking to quash an FIR dated 26‑08‑2026 that alleged offences under sections 318(2), 336(2) and 351(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. While initially asking for the FIR to be set aside, the petitioners later limited their relief to protection under section 35 of the same Act. The Court examined the FIR, found that it disclosed a cognizable offence, and relied on Supreme Court precedents (State of Telangana v. Habib Abdullah Jellani and Neeharika Infrastructure v. State of Maharashtra) to reject the prayer to quash the FIR. No interference with the FIR was ordered, but the Court directed the police to follow the arrest guidelines laid down in Arnesh Kumar v. State of Bihar and to refrain from harassing the petitioners during the investigation. The writ petition was consequently disposed of.
Issues considered
- Whether the FIR dated 26‑08‑2026 can be quashed under sections 318(2), 336(2) and 351(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioners are entitled to protection under section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the police must adhere to the Supreme Court’s arrest guidelines in the present case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 318(2), 336(2), 35, 351(3)
Subjects
- criminal procedure
- FIR quash
- protection order
- arrest guidelines
- cognizable offence
- harassment
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21554 of 2026
Mohd. Tasleem And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aditya Upadhyay, Ambrish Pandey
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Sri S.K. Shukla, learned Advocate, has filed his Vakalatnama on behalf
of respondent No. 3, which is taken on record.
2. Heard learned counsel for the petitioners, learned counsel for the
informant, Sri S.K. Shukla and learned AGA for the State-respondents.
3. Although, the prayer made in this writ petition is to quash the First
Information Report dated 26.08.2026 giving rise to Case Crime No. 0318 of
2026, under Sections 318(2), 336(2) and 351(3) of the B.N.S, 2023, Police
Station - Tronica City, Commissionerate Ghaziabad, District - Ghaziabad,
but at the time when the matter is taken up learned counsel for the petitioners
confines their relief to grant of protection under section 35 of Bharatiya
Nagarik Suraksha Sanhita, 2023.
4. 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.
5. We are of the view that no interference is warranted.
6. 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.
CRLP No. 21554 of 2026
2
7. It is expected of the police not to harass the petitioners till the conclusion
of the investigation in any manner whatsoever. However, the petitioner shall
co-operate in the investigation.
8. The writ petition, accordingly, is disposed of.
September 9, 2026
vijay krishna
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad
Checking your session…