Anil Kumar Dwivedi and Others Vs State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2025)

Anil Kumar Dwivedi and Others Vs State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of (FIR not quashed); petitioners to appear before the Investigating Officer on 30.10.2025 at 11:00 AM and cooperate in the investigation till its completion, with the protection of the order liable to withdrawal on failure, on application by the prosecution or the complainant.

Issue for consideration

Whether the writ petition seeking quashing of FIR/Case Crime No. 316 of 2025 (Sections 318(2), 319(2), 351(3) B.N.S., P.S. Sandila, District Hardoi) should be allowed, given the petitioners' contention that the alleged offences carry maximum punishment of less than seven years and any arrest must conform to the mandates 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 and Satender Kumar Antil.

Ratio / Principle

The petitioners are directed to appear before the Investigating Officer of the concerned police station on 30.10.2025 at 11:00 AM sharp to cooperate in the investigation.

Key takeaways

The petitioners shall continue to cooperate in the investigation till its completion; failing which, the protection of this order may be withdrawn on an application moved by the prosecution or the complainant.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Criminal Misc. Writ Petition No. 9416 of 2025, Anil Kumar Dwivedi v. State of U.P. (decided 13.10.2025, Rajnish Kumar and Zafeer Ahmad, JJ.): Writ petition under Article 226-nature certiorari seeking quashing of FIR/Case Crime No. 316 of 2025 under Sections 318(2), 319(2), 351(3) B.N.S., P.S. Sandila, District Hardoi, disposed of in view of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 and the law laid down in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 and Satender Kumar Antil v. CBI, (2022) 10 SCC 51, after the State (learned A.G.A.) stated that Section 35(3) BNSS would be strictly followed since the alleged offences entail less than seven years' imprisonment. Petitioners directed to appear before the Investigating Officer on 30.10.2025 at 11:00 AM and to continue cooperating in the investigation till completion; protection of the order withdrawable on failure, on application by the prosecution or the complainant.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. WRIT PETITION No. - 9416 of 2025

Anil Kumar Dwivedi And Others

.....Petitioner(s)

Versus

State Of U.P. Thru. Secy. Deptt. Of Home, Lko. And Others .....Respondent(s)

Counsel for Petitioner(s) : Ajeet Kumar Mishra Counsel for Respondent(s) : G.A., Subhash Chandra Pandey, Vaibhav Shukla

Court No. - 10

HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J.

Heard Sri Ajeet Kumar Mishra, learned counsel for the petitioners, learned A.G.A. for the State and Sri Vaibhav Shukla, learned counsel for private opposite party no. 4.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No. 316 of 2025, under Sections 318(2), 319(2), 351(3) of B.N.S., Police Station Sandila, District Hardoi.

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 them, which is against the mandates 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 petitioners, 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 Swqupreme 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 the

CRLP No. 9416 of 2025

2

petitioners states that let this 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 S atender Kumar Antil (supra).

However, It is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 30.10.2025 at 11:00 AM sharp to cooperate in the investigation. Thereafter, they 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.

(Zafeer Ahmad,J.) (Rajnish Kumar,J.)

October 13, 2025

Fahim/-

Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench