Sandeep @ Sandeep Bharti and 6 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others
Case brief
What is this about?
Allahabad High Court, Lucknow Bench; Criminal Misc. Writ Petition No. 10362 of 2025 (CRLP), decided 04.11.2025 by Rajiv Gupta, J. and Pramod Kumar Srivastava, J. FIR No. 0397/2025 (Sections 115(2), 191(2), 351(3), 352 BNS, P.S. Ashiyana, Lucknow) not quashed: cognizable offence prima facie disclosed (State of Telangana v. Habib Abdullah Jellani; Neeharika Infrastructure). Arrest safeguards directed: Section 35 BNSS compliance plus Arnesh Kumar (2014) 8 SCC 273, Vimal Kumar 2021 (2) ACR 1147 and Satender Kumar Antil (order dt. 21.01.2025) directions, offences punishable up to seven years. Keywords: quashing of FIR, cognizable offence, pre-arrest safeguards, Section 35 BNSS, Arnesh Kumar, BNS.
What did the court decide?
No interference with the FIR; the writ petition was disposed of with a direction that, in case of arrest of the petitioners pursuant to F.I.R. No. 0397 of 2025, the respondents/authorities shall strictly comply with Section 35 of B.N.S.S., the Arnesh Kumar guidelines, the directions in Vimal Kumar (2021 (2) ACR 1147) and the directions in Satender Kumar Antil (order dated 21.01.2025).