Allahabad High Court
HEMANT AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The FIR cannot be quashed as it discloses a prima facie commission of offence.
Summary
Petitioners Hemant and two others filed a criminal miscellaneous writ petition challenging an FIR dated 04‑09‑2026 registered under Sections 318(4) and 351(2) of the Bhartiya Nyaya Sanhita, 2023. The High Court examined the FIR and held that it disclosed a prima facie commission of offence, rendering the petition to quash the FIR untenable in view of Supreme Court precedents. Consequently, the Court declined to interfere with the FIR. However, because the alleged offences carry a maximum punishment of up to seven years, 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 Bhartiya Nagrika Suraksha Sanhita, 2023, and the guidelines laid down in Arnesh Kumar v. State of Bihar and its own earlier order in Criminal Misc. Writ Petition No. 17732 of 2020. The petition was thereafter disposed.
Issues considered
- Whether the FIR dated 04‑09‑2026 can be quashed on the ground of lack of prima facie evidence.
- Whether the FIR discloses a prima facie commission of offence under the Bhartiya Nyaya Sanhita.
- Whether the arrest of the petitioners, if effected, must comply with the procedural safeguards under the CrPC and the Bhartiya Nagrika Suraksha Sanhita.
Legislation cited
- Bhartiya Nagrika Suraksha Sanhita, 2023 — s. 35(3), 35(4), 35(5), 35(6), 35(7)
- Bhartiya Nyaya Sanhita, 2023 — s. 318(4), 351(2)
- Code of Criminal Procedure, 1973 — s. 41(1)(b), 41-A
Subjects
- FIR quash
- prima facie offence
- criminal procedure
- arrest safeguards
- Section 41 CrPC
- Section 35 Bhartiya Nagrika Suraksha Sanhita
- high court writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22977 of 2026
Hemant And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amitrana
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 04.09.2026 registered as Case Crime no. 0579 of 2026,
Under Sections 318(4), 351(2) of Bhartiya Nyaya Sanhita, 2023, Police
Station- Civil Lines, District- Moradabad.
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
this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020
CRLP No. 22977 of 2026
2
(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 30, 2026
Rama Kant
Digitally signed by :-
RAMA KANT
High Court of Judicature at Allahabad
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