Disposed

Shashank Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Allahabad HC12 Dec 2025CRLP/11652/2025

Case brief

AI extract

What is this about?

The High Court disposed of a petition for quashing an FIR under Section 303(2) BNS. Relying on Section 35(3) BNSS and Supreme Court precedents, the court directed no arrest but ordered the petitioner to cooperate with investigation.

What did the court decide?

Petition disposed; directed petitioner to appear before Investigating Officer and cooperate with investigation without requiring apprehension of arrest at this stage.

Shashank Kumar vs State of U.P. Thru. Prin. Secy. Deptt… — Bail and Remand | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. WRIT PETITION No. - 11652 of 2025

Shashank Kumar

.....Petitioner(s)

Versus

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

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.....Respondent(s) Counsel for Petitioner(s) : Ram Sajiwan Yadav, Anirsh Chetan Tiwari 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 petitioner and learned A.G.A. for the State.

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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. dated 18.11.2025 bearing F.I.R./Case Crime No. 0594 of 2025, under Section 303(2) B.N.S., 2023, Police Station- P.G.I., District- Lucknow, a copy of which is Annexuure-1 to the petition.

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Learned counsel for the petitioner 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 him, 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 petitioner, 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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Considering the stand of the investigating agency, learned counsel

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CRLP No. 11652 of 2025

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for the petitioner 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 petitioner shall appear before the Investigating Officer of the concerned police station, whenever he is required, to cooperate in the investigation. Thereafter, he 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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December 12, 2025 S. Shivhare

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

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Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench

Shashank Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Case brief

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Shashank Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Case brief

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