Allahabad High Court
KASIM MALIK AND 8 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that the FIR discloses a prima facie commission of offence and therefore cannot be quashed.
Summary
Petitioners Kasim Malik and eight others filed a criminal miscellaneous writ petition challenging the FIR dated 22‑07‑2026 in Crime No.0208 of 2026, which alleged offences under various sections of the Bhartiya Nagrika Suraksha Sanhita, 2023 and the D.P. Act. The Court examined the FIR and held that it disclosed a prima facie commission of offence, rendering the prayer to quash the FIR untenable in view of Supreme Court precedents. Consequently, no interference with the FIR was ordered. However, the Court directed that any arrest of the petitioners must strictly comply with Section 41(1)(b) and Section 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 its own earlier order. The petition was therefore disposed of.
Issues considered
- Whether the FIR dated 22‑07‑2026 can be quashed on the ground of lack of prima facie evidence of offence
- Whether the Court should interfere with the FIR in light of Supreme Court jurisprudence
Legislation cited
- Bhartiya Nagrika Suraksha Sanhita, 2023 — s. 35(3), 35(4), 35(5), 35(6), 35(7)
- Code of Criminal Procedure, 1973 — s. 41(1)(b), 41-A
- Drugs and Psychotropic Substances Act, 2023
Subjects
- FIR quash
- prima facie offence
- arrest procedure
- CrPC
- Bhartiya Nagrika Suraksha Sanhita
- Supreme Court precedent
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21602 of 2026
Kasim Malik And 8 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Krishna Kumar Singh
Counsel for Respondent(s) : G.A., Mohammad Danish
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 22.07.2026 in Case Crime No.0208 of 2026, under Sections
85, 115(2), 351(3), 74, 76 B.N.S., 2023, and 3/4 D.P. Act, Police Station
Kudarki, District Moradabad.
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. 21602 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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