Smt. Krishna Devi and Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

Smt. Krishna Devi and Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

FIR not quashed; writ petition disposed of with conditional directions that, in case of any arrest pursuant to the FIR, Section 35 of B.N.S.S., the Arnesh Kumar guidelines, this Court's 28.01.2021 directions in Crl. Misc. W.P. No. 17732 of 2020 (Vimal Kumar), and the Apex Court's directions in Satender Kumar Antil (order dated 21.01.2025) be strictly complied with.

Issue for consideration

Whether the prayer to quash the FIR dated 04.10.2025 (Case Crime No. 441 of 2025, Sections 115(2), 352, 351(3) BNS, Police Station Lalgan, District Raibareli) can be entertained. +1 more

Court's answer

The prayer to quash the FIR cannot be entertained: the FIR prima facie discloses a cognizable offence against the petitioner, and accordingly no interference is warranted, in view of the law laid down by the Hon'ble Apex Court in State of Telangana v. Habib Abdullah Jellani and Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra.

Ratio / Principle

In case of effecting the arrest of the petitioner in pursuance of the impugned FIR, the respondents/authorities shall strictly comply with Section 35 of B.N.S.S., the Arnesh Kumar guidelines ((2014) 8 SCC 273), the directions issued in judgment and order dated 28.01.2021 of this Court in Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3 Others) reported in 2021 (2) ACR 1147, and the further directions issued by the Hon'ble Apex Court in Satender Kumar Antil vide order dated 21.01.2025 — all the offences complained of being punishable with a term up to seven years.

Detailed headnote1 paragraphs

Allahabad HC (Lucknow Bench), Criminal Misc. Writ Petition No. 11132 of 2025 (Smt. Krishna Devi and Others v. State of U.P. and Others), decided 27.11.2025 by Rajiv Gupta and Pramod Kumar Srivastava, JJ. Writ petition praying for quashing of FIR dated 04.10.2025 (Case Crime No. 441 of 2025, under Sections 115(2), 352, 351(3) BNS, Police Station Lalgan, District Raibareli) disposed of: the prayer to quash was held incapable of entertainment because the FIR prima facie discloses a cognizable offence, in view of the law laid down by the Hon'ble Apex Court in State of Telangana v. Habib Abdullah Jellani, (2017) 2 SCC 779, and Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra, (2021) SCC Online SC 315; no interference warranted. However, since all the offences complained of are punishable with a term up to seven years, the Court directed that in case of effecting arrest pursuant to the FIR the authorities shall strictly comply with Section 35 of B.N.S.S. (Bhartiya Nagarik Suraksha Sanhita), the guidelines in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, the directions in this Court's judgment and order dated 28.01.2021 in Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3 Others v. State of U.P.) reported in 2021 (2) ACR 1147, and the Hon'ble Apex Court's further directions in Satender Kumar Antil v. CBI vide order dated 21.01.2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. WRIT PETITION No. - 11132 of 2025

Smt. Krishna Devi And Others

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others

.....Respondent(s)

Counsel for Petitioner(s)	: Dhananjai Kumar	Tripathi, Tanupriya, Vivek
	Kumar Singh
Counsel for Respondent(s)	: G.A.

Court No. - 30

HON'BLE RAJIV GUPTA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J.

Heard learned counsel for the petitioner, learned AGA for the State and perused the record.

Although, the prayer made in this writ petition is to quash the FIR dated 04.10.2025, arising out of Case Crime No. 441 of 2025, under Sections- 115(2) 352, 351(3) BNS, Police Station- Lalgan, District- Raibareli, but when the matter has been taken up, learned counsel for the petitioner has submitted that all the offences, complained of, are punishable up to seven years and therefore, before effecting the arrest of the petitioner, specific provisions contained in Section 35 of B.N.S.S. (Bhartiya Nagarik Suraksha Sanhita) be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments.

We have perused the first information report, which prima facie discloses the cognizable offence against the petitioner and therefore, the prayer made to quash the first information report 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 first information report, are punishable with a term up to seven years, therefore, in case of effecting the arrest of the petitioner in pursuance of the impugned first information report, it is directed that the respondents/ authorities shall ensure that the specific provisions contained in Section 35 of B.N.S.S. and the guidelines issued by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 as well as the directions issued in judgment and order dated

CRLP No. 11132 of 2025

2

28.01.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3 Others Vs. State of U.P. and 3 Others) reported in 2021 (2) ACR 1147, and further directions issued by the Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Another vide order dated 21.01.2025 be strictly complied with.

With the aforesaid observations, the instant writ petition stands disposed of.

November 27, 2025 Haseen U.

(Pramod Kumar Srivastava,J.) (Rajiv Gupta,J.)

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