NETRAM Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned AGA for the State and perused the record.

(2.) Although, the prayer made in this writ petition is to quash the FIR dtd. 8/8/2024 registered as Case Crime No.0771 of 2024, under Ss. 115 (2), 117 (2), 191 (2), 333, 351 (2), 351 (3) BNS, Police Station Baradari, District Bareilly, but when the matter has been taken up, learned counsel for the petitioners has submitted that all offences, complained of, are punishable only upto seven years and therefore, before effecting the arrest of the petitioners, specific provisions contained in Sec. 35 (3) to 35 (7) of Bhartiya Nagrika Suraksha Sanhita, 2023 be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments.

(3.) We have perused the FIR, which prima facie discloses cognizable offences against the petitioners 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.