Susma @ Susma Devi and Another Vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2025)

Susma @ Susma Devi and Another Vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with directions that the petitioners appear before the Investigating Officer on 01.12.2025 at 11:00 AM sharp and cooperate in the investigation till completion; protection of the order withdrawable on breach upon application by prosecution or complainant. Notice to opposite party no.4 dispensed with.

Issue for consideration

Whether the petitioners, named in FIR No. 0271/2025 whose alleged offences carry maximum punishment of less than seven years imprisonment, are protected from arrest provided the investigating agency strictly follows Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 in terms of Arnesh Kumar and Satender Kumar Antil.

Court's answer

The writ 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 Arnesh Kumar (supra) and Satender Kumar Antil (supra).

Ratio / Principle

The petitioners are directed to appear before the Investigating Officer of the concerned police station on 01.12.2025 at 11:00 AM sharp and to continue cooperating in the investigation till its completion, failing which the protection of the order may be withdrawn on application moved by the prosecution or the complainant.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Criminal Misc. Writ Petition No. 10127 of 2025 (decided 10.11.2025): Petitioners named in FIR dated 09.10.2025 (Case Crime No.0271/2025, P.S. Motigarpur, District Sultanpur) under Sections 85, 115(2), 352, 351(3) BNS (equated to 498-A, 323, 504, 506 IPC) and Section 3/4 Dowry Prohibition Act, 1961 contended that the alleged offences carry maximum punishment below seven years and that threatened arrest contravenes the Bhartiya Nagrik Suraksha Sanhita. Recording the investigating agency's undertaking (through learned A.G.A.) to strictly follow 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, directing the petitioners to appear before the Investigating Officer on 01.12.2025 at 11:00 AM sharp and to continue cooperating till completion of investigation, with liberty reserved to withdraw the protection on application by the prosecution or the complainant. Notice to opposite party no.4 was dispensed with.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. WRIT PETITION No. - 10127 of 2025

Susma @ Susma Devi And Another

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s) : Chandrika Rani Upadhyay, Satyam Pandey, Tripuresh Mishra Counsel for Respondent(s) : G.A.

Court No. - 10

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

1.Heard Ms. Monika Shukla, Advocate holding brief of Sri Tripuresh Mishra, learned counsel for the petitioners 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 has been filed challenging the F.I.R dated 09.10.2025 vide Case Crime No.0271 of 2025, under Sections 85 B.N.S. (498-A I.P.C.), 115 (2) B.N.S. (323 I.P.C), 352 B.N.S.,(504 I.P.C), 351 (3) B.N.S. (506 I.P.C) & under Section 3/4 Dowry Prohibition Act, 1961, Police Station Motigarpur, District Sultanpur.

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 Supreme Court in re; Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273 and Satender Kumar Antil vs. CBI and another, Special

CRLP No. 10127 of 2025

2

Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51 .

Considering the stand of the investigating agency, learned counsel for the 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 Satender Kumar Antil (supra) .

However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 01.12.2025 at 11:00 AM sharp for the purpose 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.)

November 10, 2025 Shahnaz

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