Allahabad High Court
SMT. NEERAJ AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The FIR discloses a prima facie case of offence and cannot be quashed.
Summary
The petitioners, Smt. Neeraj and five others, filed a writ petition challenging the FIR dated 17 July 2026 (Crime No.270 of 2026) that alleged offences under sections 333, 76, 115(2), 352 and 351(3) of the Bhartiya Nagrika Suraksha Sanhita, 2023. The High Court examined the FIR and, relying on Supreme Court precedents (State of Telangana v. Habib Abdullah Jellani and Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra), concluded that the FIR discloses a prima‑facie case and therefore the prayer to quash it cannot be entertained. While refusing to set aside the FIR, the Court directed that any arrest of the petitioners must strictly follow Section 41(1)(b) and Section 41‑A of the CrPC, Sections 35(3)‑35(7) of the BNSS 2023, and the guidelines laid down in Arnesh Kumar v. State of Bihar and its own earlier order in CM Writ Petition No. 17732 of 2020. The Court accordingly disposed of the writ petition. The order emphasizes adherence to procedural safeguards in arrests for offences punishable with up to seven years’ imprisonment.
Issues considered
- Whether the FIR can be quashed on the ground of lack of prima facie evidence of offence.
- Whether the High Court may interfere with the FIR in view of the Supreme Court’s rulings in State of Telangana v. Habib Abdullah Jellani and Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra.
- What procedural safeguards must be observed during arrest under Section 41 CrPC, Section 41‑A CrPC, and Sections 35 of the Bhartiya Nagrika Suraksha Sanhita, 2023, in light of Arnesh Kumar v. State of Bihar.
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
Subjects
- FIR quash
- Criminal Procedure Code
- Section 41 CrPC
- Arrest guidelines
- Bhartiya Nagrika Suraksha Sanhita
- Prima facie case
- Supreme Court precedent
- High Court writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21655 of 2026
Smt. Neeraj And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pawan Kumar
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 petitioners and the A.G.A. for the State.
The present petition has been filed challenging the First Information
Report dated 17.07.2026 registered as Case Crime No.270 of 2026 under
sections 333,76,115(2),352,351(3) BNSS 2023 Police Station Jahanabad,
District - Pilibhit.
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. 21655 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
Satyam
Digitally signed by :-
SATYAM AGRAHARI
High Court of Judicature at Allahabad
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