Smt. Madhu Khare v. State of U.P. Thru. Secy. Deptt. of Home Lko and Others
Case brief
What is this about?
Writ petition (CRLP No. 11164 of 2025) seeking quashing of FIR/Case Crime No. 0268 of 2025, P.S. Babu Banarasi Das, District Lucknow, under Sections 316(2), 318(4), 305, 115(2), 351(2) BNS 2023; offences punishable with maximum imprisonment below seven years; arrest protection; strict compliance with Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023; Arnesh Kumar v. State of Bihar (2014) 8 SCC 273; Satender Kumar Antil v. CBI (2022) 10 SCC 51; petitioner to appear before Investigating Officer and cooperate till completion; protection withdrawable on prosecution/complainant application; disposed 25 November 2025; Allahabad High Court, Lucknow Bench.
What did the court decide?
Petition disposed of without quashing the FIR, resting on the investigating agency's undertaking (recorded at ¶14) that Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of Arnesh Kumar and Satender Kumar Antil; petitioner ordered to appear before the Investigating Officer whenever required and to cooperate till completion of investigation, failing which the protection of the order may be withdrawn on application by the prosecution or the complainant.