Disposed

Nirbhay Singh Yadav (Arrayed as Nirbhay Singh in the Fir) v. State of U.P. Thru. Prin. Secy. Home Abd 3 Others

Allahabad HC15 Dec 2025CRLP/11793/2025

Case brief

AI extract

What is this about?

The High Court disposed of a criminal writ petition seeking quashing of an FIR alleging offences under BNS and PC Act. Relying on Arnesh Kumar and Satender Kumar Antil, the Court held that since the maximum punishment is under seven years, mandatory non-arrest provisions of BNS must be followed, though the petitioner must appear and cooperate with the investigation.

What did the court decide?

Petition disposed of; petitioner directed to appear before investigation officer and cooperate; protection withdrawable on failure.

Nirbhay Singh Yadav (Arrayed as Nirbhay Singh in the Fir)… — Quashing and FIR | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. WRIT PETITION No. - 11793 of 2025

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Nirbhay Singh Yadav (Arrayed As Nirbhay Singh In The Fir)

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.....Petitioner(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Abd 3 Others

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.....Respondent(s)

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Counsel for Petitioner(s) : Nadeem Murtaza, Snigdha Singh 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 opposite party 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. 978 of 2025, under Sections 59, 61(2), 318, 303(2) of B.N.S., 2023 and Sections 7 and 12 of P.C. Act, Police Station- Kotwali, District- Unnao.

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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 for

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CRLP No. 11793 of 2025

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

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December 15, 2025 AKK

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Nirbhay Singh Yadav (Arrayed as Nirbhay Singh in the Fir) v. State of U.P. Thru. Prin. Secy. Home Abd 3 Others

Case brief

What is this about?

What did the court decide?

Nirbhay Singh Yadav (Arrayed as Nirbhay Singh in the Fir) v. State of U.P. Thru. Prin. Secy. Home Abd 3 Others

Case brief

What is this about?

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