Samiullah Vs State of U.P. Thru. Secy. Home Civil Sectt… — Narcotics (NDPS) | Allahabad HC (2025)

Samiullah Vs State of U.P. Thru. Secy. Home Civil Sectt… — Narcotics (NDPS) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of in view of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 and the law in Arnesh Kumar and Satender Kumar Antil; petitioner directed to appear before the Investigating Officer whenever required and to cooperate in the investigation till completion, failing which protection of the order may be withdrawn on application by the prosecution or the complainant.

Issue for consideration

Whether the writ petition seeking quashing of FIR/Case Crime No. 0522 of 2025 (Sections 210, 318(4) BNS, 2023 and Section 26 NDPS Act) should be allowed, given the allegation that the offences carry maximum punishment of less than seven years and the police attempt to arrest the petitioner contrary to the mandate of the Bhartiya Nagrik Suraksha Sanhita.

Court's answer

The petition is disposed of in view of the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 and the law laid down by the Apex Court in Arnesh Kumar (supra) and Satender Kumar Antil (supra).

Ratio / Principle

The petitioner is directed to appear before the Investigating Officer of the concerned police station whenever required and to cooperate in the investigation till its completion.

Key takeaways

If the petitioner fails to cooperate in the investigation, the protection of the order may be withdrawn on an application moved by the prosecution or the complainant.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Criminal Misc. Writ Petition No. 11363 of 2025, decided December 4, 2025 (Abdul Moin and Babita Rani, JJ.). Petition under Article 226-type certiorari jurisdiction seeking quashing of FIR/Case Crime No. 0522 of 2025 under Sections 210, 318(4) of B.N.S., 2023 and Section 26 of the NDPS Act, Police Station Nanpara, District Bahraich. Learned A.G.A. stated that since the offence entails sentence of less than seven years, Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed per Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 and Satender Kumar Antil v. CBI, (2022) 10 SCC 51. Petition disposed of accordingly; petitioner to appear before and cooperate with the Investigating Officer till completion of investigation, failing which protection may be withdrawn on application of prosecution or complainant.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. WRIT PETITION No. - 11363 of 2025

Samiullah

.....Petitioner(s)

Versus

State Of U.P. Thru. Secy. Home Civil Sectt. Lko. And Others

.....Respondent(s)

Counsel for Petitioner(s)	: Sheikh Mohammad Ali
Counsel for Respondent(s)	: G.A.

Court No. - 11

HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

In view of proposed order, notice to opposite party no.4 is hereby dispensed with.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No. 0522 of 2025, under Sections 210, 318(4) of B.N.S., 2023, 26 of the NDPS Act, Police Station- Nanpara, District- Bahraich.

Learned counsel for the petitioner has submitted that the offences as alleged in FIR carry maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita.

Learned A.G.A. appearing for respondents-State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioner, entails sentence of less than seven years, provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgments rendered by Hon'ble Supreme Court in re; Arnesh Kumar vs. State of Bihar and another - (2014) 8 SCC 273 and Satender Kumar Antil vs. CBI and another- (2022) 10 SCC 51.

CRLP No. 11363 of 2025

2

Considering the stand of the investigating agency, learned counsel for the petitioner states that his petition be disposed of in view of the above said facts.

Accordingly, this petition is disposed of in view of the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 and the law as laid down by the Apex Court in re; Arnesh Kumar (supra) and Satender Kumar Antil (supra) .

However, it is directed that the petitioner shall appear before the Investigating Officer of the concerned police station whenever he is required to cooperate in the investigation. Thereafter, he shall continue to cooperate in the investigation till its completion, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant.

(Mrs. Babita Rani,J.) (Abdul Moin,J.)

December 4, 2025 prateek

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