Allahabad High Court
SANDEEP AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The FIR cannot be quashed as it prima facie discloses the commission of the offences alleged.
Summary
Petitioners Sandeep and four others filed a criminal miscellaneous writ petition challenging the FIR dated 09‑07‑2026 in Crime No.165, which alleged offences under Sections 85, 115(2), 352, 351(2) of the Bhartiya Nagrika Suraksha Sanhita and Sections 3/4 of the Dangerous Drugs Act. The High Court examined the FIR and held that it disclosed a prima facie commission of offence, citing the Supreme Court decisions in State of Telangana v. Habib Abdullah Jellani and Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra, and therefore refused to quash the FIR. While refusing the petition, the Court directed the investigating authorities to strictly follow the arrest procedures prescribed in Section 41(1)(b) and Section 41‑A of the CrPC, Sections 35(3)‑35(7) of the B.N.S., the guidelines in Arnesh Kumar v. State of Bihar, and the directions issued in Criminal Misc. Writ Petition No. 17732 of 2020. The writ petition was consequently disposed of.
Issues considered
- Whether the FIR dated 09‑07‑2026 can be quashed on the ground of lack of prima facie evidence.
- Whether the FIR discloses a prima facie commission of the offences alleged.
- Whether the investigating authorities must comply with specific arrest procedures under the CrPC and B.N.S. while acting on the FIR.
Legislation cited
- Bhartiya Nagrika Suraksha Sanhita, 2023 — s. 35(3), 35(4), 35(5), 35(6), 35(7)
- Code of Criminal Procedure (CrPC) — s. 41(1)(b), 41-A
- Dangerous Drugs Act — s. 3, 4
Subjects
- FIR quash
- prima facie evidence
- criminal procedure
- Section 41 CrPC
- Bhartiya Nagrika Suraksha Sanhita
- Dangerous Drugs Act
- Arrest guidelines
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21597 of 2026
Sandeep And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rafiqa Anees Khan, Santosh Kumar
Counsel for Respondent(s) : C.S.C., Manoj Kumar Gautam
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
Heard the counsel for the petitioners and the A.G.A. for the State.
The present petition has been filed challenging the First Information
Report dated 09.07.2026 in Case Crime No.165 of 2026 under Sections
85, 115(2), 352, 351(2) B.N.S. and Section 3/4 of D.P.Act, Police Station
Kotwali Dehat, District Bijnor.
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 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 this Court passed in
Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3
CRLP No. 21597 of 2026
2
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 23, 2026
Vipasha
Digitally signed by :-
VIPASHA MUKHERJEE
High Court of Judicature at Allahabad
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