Nirbhay Singh Yadav (Arrayed as Nirbhay Singh in the… — Cheating and Forgery | Allahabad HC (2025)

Nirbhay Singh Yadav (Arrayed as Nirbhay Singh in the… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of in view of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 and the law laid down in Arnesh Kumar and Satender Kumar Antil; petitioner to appear before and cooperate with the Investigating Officer until completion of investigation, with the protection of the order withdrawable upon non-cooperation on application by prosecution or complainant.

Issue for consideration

Whether the petitioner, accused in an FIR of offences carrying maximum imprisonment of less than seven years, is protected from arrest so long as the police strictly follow Section 35(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023 as per Arnesh Kumar and Satender Kumar Antil. +1 more

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 and Satender Kumar Antil, taking into account the investigating agency's stand that those provisions shall be strictly followed.

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.

Key takeaways

Protection afforded by this order may be withdrawn if the petitioner fails to cooperate in the investigation, on an application moved by the prosecution or the complainant.ratio¶8

Detailed headnote1 paragraphs

Allahabad HC (Lucknow Bench), Criminal Misc. Writ Petition No. 11793 of 2025 (decided December 15, 2025; Bench: Abdul Moin, J. and Babita Rani, J.). Petitioner Nirbhay Singh Yadav sought quashing of FIR/Case Crime No. 978 of 2025, registered under Sections 59, 61(2), 318, 303(2) of B.N.S., 2023 and Sections 7 and 12 of P.C. Act, P.S. Kotwali, District Unnao, arguing the offences attract imprisonment below seven years yet the police sought to arrest him contrary to the mandate of Bhartiya Nagrik Suraksha Sanhita. With the investigating agency (via learned A.G.A.) undertaking strict compliance with Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 in terms of Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 and Satender Kumar Antil v. CBI (2022) 10 SCC 51, the court disposed of the petition in view of that provision and the law laid down in the two precedents, directing the petitioner to appear before and cooperate with the Investigating Officer until completion of investigation, failing which the protection of the order may be withdrawn on application by the prosecution or complainant.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. WRIT PETITION No. - 11793 of 2025

Nirbhay Singh Yadav (Arrayed As Nirbhay Singh In The Fir)

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Abd 3 Others

.....Respondent(s)

Counsel for Petitioner(s) : Nadeem Murtaza, Snigdha Singh 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. 978 of 2025, under Sections 59, 61(2), 318, 303(2) of B.N.S., 2023 and Sections 7 and 12 of P.C. Act, Police Station- Kotwali, District- Unnao.

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.

Considering the stand of the investigating agency, learned counsel for

CRLP No. 11793 of 2025

2

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 15, 2025 AKK

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