Disposed

Amresh @ Bhola and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC24 Oct 2024CRLP/7872/2024

Case brief

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What is this about?

Petitioners sought quashing of an FIR under the Bharatiya Nyay Sanhita, 2023. The Court disposed of the petition based on the Investigating Agency's submission under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita and the precedent in Arnesh Kumar that mandates strict scrutiny for arrestable offences under seven years.

What did the court decide?

Petition disposed of in view of provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and law laid down in Arnesh Kumar case.

Amresh @ Bhola and Others Vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:71929-DB

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7872 of 2024

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Petitioner :- Amresh @ Bhola And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Jaikaran Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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Heard learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record.

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This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 01.10.2024, bearing Case Crime No.0561 of 2024, for the offence under Sections 115(2),352,351(2),110 of Bhartiya Nyay Sanhita, 2023, registered at Police Station Bachhrawan, District Raebareli.

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Learned counsel for the petitioners has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandates of Bharatiya Nagarik Suraksha Sanhita, 2023.

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Learned Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023. shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and anothe r .

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Considering the stand of the investigating agency,

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learned counsel for the petitioner states that let this petition be disposed of in view of the above said facts.

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Accordingly, this petition is disposed of in view of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023. and the law as laid down by Apex Court in the case of Arnesh Kumar (supra) .

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(Om Prakash Shukla,J.) (Vivek Chaudhary,J.) Order Date :- 24.10.2024 Arjun/-

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Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench

Amresh @ Bhola and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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Amresh @ Bhola and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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