Disposed¶6

Sanjay and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

Allahabad HC8 Jan 2025CRLP/105/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Lucknow Bench), Crl. Misc. Writ Petition No. 105 of 2025 (neutral citation 2025:AHC-LKO:1295-DB): FIR under ss. 318(4)/316(2)/352/351(2) BNS not quashed; petition disposed of on State's assurance of strict compliance with s. 35(3) BNSS read with Arnesh Kumar ((2014) 8 SCC 273) where alleged offence punishable below seven years. Keywords: Arnesh Kumar guidelines, Section 35(3) BNSS notice/preceding arrest, offences under seven years, quashing of FIR, Barabanki.

What did the court decide?

No substantive relief; the F.I.R. was not quashed. The petition was disposed of on the State's assurance of strict compliance with Section 35(3) BNSS in terms of Arnesh Kumar ((2014) 8 SCC 273). ¶6

Sanjay and 2 Others vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:1295-DB

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 105 of 2025 Petitioner :- Sanjay And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Bhanu Dutt Dwivedi,Monika Dwivedi Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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Heard learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record.

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This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 17.12.2024, bearing F.I.R./Case Crime No.0860 of 2024, for the offence under Sections 318(4), 316(2), 352, 351(2) of Bharatiya Nyaya Sanhita, 2023 (BNS), registered at Police Station Kotwali Dewa, District Barabanki.

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Learned counsel for the petitioners has submitted that the offences as alleged in F.I.R. 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 Code of Criminal Procedure.

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Learned Additional Government Advocate appearing for respondent 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) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another .

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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.

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Accordingly, this petition is disposed of in view of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the law as laid down by Apex Court in the case of Arnesh Kumar (supra).

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[Om Prakash Shukla,J.] [Vivek Chaudhary,J.]

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Order Date :- 8.1.2025 Sachin

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Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench

Sanjay and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

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Sanjay and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

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