Allahabad High Court
SAIZ CHAND AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court held that the FIR discloses a prima facie offence and cannot be quashed.
Summary
Petitioners Saiz Chand and four others filed a criminal miscellaneous writ petition challenging an FIR dated 04-12-2025 that alleged offences under sections 351(3), 318(4), 352 of the Bhartiya Nagrika Suraksha Sanhita and section 66(D) of the Information Technology (Amendment) Act, 2000. The High Court examined the FIR and held that it disclosed a prima facie case of offence, citing Supreme Court precedents that a FIR cannot be quashed merely on the basis of the petitioner's contentions. Consequently, the court refused to interfere with the FIR. However, noting that the alleged offences carry a maximum punishment of seven years, the court directed the investigating authorities to strictly follow the arrest safeguards prescribed in Section 41(1)(b) and Section 41‑A of the CrPC, Sections 35(3)‑35(7) of the BNS, and the guidelines laid down in Arnesh Kumar’s case and the Vimal Kumar judgment. The petition was therefore disposed of.
Issues considered
- Whether the FIR dated 04-12-2025 can be quashed on the grounds raised by the petitioners
- Whether the FIR discloses a prima facie case under the specified provisions of the BNS and the IT Act
- Whether the authorities must comply with statutory arrest safeguards in the present case
Legislation cited
- Bhartiya Nagrika Suraksha Sanhita — s. 318(4), 351(3), 352, 35(3), 35(4), 35(5), 35(6), 35(7)
- Code of Criminal Procedure, 1973 — s. 41(1)(b), 41-A
- Information Technology (Amendment) Act, 2000 — s. 66(D)
Subjects
- FIR
- quash
- prima facie
- arrest safeguards
- Bhartiya Nagrika Suraksha Sanhita
- Information Technology Act
- Criminal Procedure Code
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21582 of 2026
Saiz Chand And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Muhammad Azam
Counsel for Respondent(s) : G.A.
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard the counsel for the petitioners and the A.G.A. for the State.
2. The present petition has been filed challenging the First Information
Report dated 04.12.2025 registered as Case Crime No. 0245 of 2026,
under Sections 351(3), 318(4), 352 of BNS and Section 66(D) of
Information Technology (Amendment) Act, 2000, Police Station-
Jajmau, District- Commissionerate Kanpur Nagar.
3. 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.
4. 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 petitioners 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
CRLP No. 21582 of 2026
2
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.
(Padam Narain Mishra,J.) (Salil Kumar Rai,J.)
September 23, 2026
Rama Kant
Digitally signed by :-
RAMA KANT
High Court of Judicature at Allahabad
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