Vishal Alias Vishal Yadav and Others v. State of U.P. Thru. Prin. Secy. Home Lko and Others
Case brief
What is this about?
Quashing of FIR writ petition, Lucknow Bench; arrest objection in offences punishable with less than seven years; Section 35(3) B.N.S.S., 2023 compliance undertaking by investigating agency; Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273 relied on; B.N.S. Sections 74, 115(2), 127(2), 191(2), 333, 351(3), 352; SC/ST Act Sections 3(1)(d), 3(1)(gha), 3(2)(va); Case Crime No.0579 of 2024, P.S. Gosainganj, District Lucknow; petition disposed of on 8.1.2025; neutral citation 2025:AHC-LKO:1206-DB.
What did the court decide?
No direction to quash the F.I.R. was issued; the petition stands disposed of on the strength of the investigating agency's recorded statement that the provisions of Section 35(3) of B.N.S.S., 2023 will be strictly followed in terms of Arnesh Kumar ((2014) 8 SCC 273), given that the alleged offences entail a sentence of less than seven years.