Disposed¶19

Sharma Devi and Another v. State of U.P. Thru. Prin. Secy. Home Lko and Others

Allahabad HC2 Dec 2025CRLP/11332/2025

Case brief

AI extract

What is this about?

Quashing of FIR 0424 of 2025 under Sections 318(4) B.N.S. 2023 and Section 34(1) National Medical Commission Act 2019, P.S. Mahmudabad, District Sitapur; offence punishable less than seven years; disposal per Section 35(3) Bhartiya Nagrik Suraksha Sanhita 2023, Arnesh Kumar (2014) 8 SCC 273 and Satender Kumar Antil (2022) 10 SCC 51; conditional cooperation with Investigating Officer; Allahabad High Court Lucknow Bench, December 2, 2025.

What did the court decide?

Writ petition disposed of in terms of Section 35(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023 and the law in Arnesh Kumar and Satender Kumar Antil (no quashing of FIR granted); petitioners to cooperate with the investigation before the Investigating Officer, with protection of the order liable to withdrawal if they fail to do so. ¶19

Sharma Devi and Another vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a direction in the nature of certiorari should issue for quashing of FIR/Case Crime No. 0424 of 2025 registered under Sections 318(4) of B.N.S., 2023 and Section 34(1) National Medical Commission Act, 2019 at Police Station Mahmudabad, District Sitapur. +1 more

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Ratio / Principle

The petition is disposed of in view of the provisions of Section 35(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023 and the law laid down by the Apex Court in Arnesh Kumar (supra) and Satender Kumar Antil (supra), following the investigating agency's statement that those provisions will be strictly followed since the alleged offence entails sentence of less than seven years.

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Key takeaways

The petitioners are directed to appear before the Investigating Officer of the concerned police station whenever required and to continue cooperating in the investigation till its completion; failing which, protection of this order may be withdrawn on an application by the prosecution or the complainant.ratio¶20
Notice to respondent No. 4 is dispensed with in view of the proposed order.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Lucknow Bench), Criminal Misc. Writ Petition No. 11332 of 2025, decided December 2, 2025 (Abdul Moin and Mrs. Babita Rani, JJ.). Petition sought certiorari for quashing of FIR/Case Crime No. 0424 of 2025 under Sections 318(4) of B.N.S., 2023 and Section 34(1) National Medical Commission Act, 2019, Police Station Mahmudabad, District Sitapur. Counsel for petitioners urged that the offences alleged carry maximum punishment of less than seven years while the police sought arrest; the A.G.A., on behalf of the investigating agency, stated that provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273 and Satender Kumar Antil vs. CBI, (2022) 10 SCC 51. Petition disposed of in view of Section 35(3) and the said Apex Court law, with directions that the petitioners appear before the Investigating Officer whenever required and cooperate in the investigation until completion, failing which protection of the order may be withdrawn on application by the prosecution or complainant. Notice to respondent No. 4 dispensed with.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. WRIT PETITION No. - 11332 of 2025

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Sharma Devi And Another

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.....Petitioner(s)

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Versus

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

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.....Respondent(s)

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Counsel for Petitioner(s)	: Abhishek Srivastava
Counsel for Respondent(s)	: G.A.

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Court No. - 11

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HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J.

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Heard learned counsel for the petitioners and learned A.G.A. appearing for respondents No. 1 to 3.

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In view of proposed order, notice to respondent No.4 is hereby dispensed with.

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This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No. 0424 of 2025, under Sections 318(4) of B.N.S., 2023 and Section 34(1) National Medical Commission Act, 2019, Police Station- Mahmudabad District- Sitapur.

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Learned counsel for the petitioners has submitted that the offences as alleged in FIR carry maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita.

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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- (2022) 10 SCC 51.

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CRLP No. 11332 of 2025

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Considering the stand of the investigating agency, learned counsel for the petitioners states that his 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) 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) .

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However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station whenever they are required, 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.

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(Mrs. Babita Rani,J.) (Abdul Moin,J.)

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December 2, 2025

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Reena/-

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Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Sharma Devi and Another v. State of U.P. Thru. Prin. Secy. Home Lko and Others

Case brief

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Sharma Devi and Another v. State of U.P. Thru. Prin. Secy. Home Lko and Others

Case brief

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