Abhay Kumar Yadav Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Abhay Kumar Yadav Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition dismissed; interim protection granted on counsel's request: petitioner not to be arrested for 60 days (if not already arrested), conditional on his appearing before the court below within 60 days and applying for regular bail/anticipatory bail, to be considered as per the Apex Court judgement in Lal Kamlendra Pratap Singh Vs. State of U.P. (2009 (3) ADJ 322 (SC)); coercive action to follow on failure to appear, with no further time for surrendering.

Issue for consideration

Whether the FIR dated 19.03.2025 registered as Case Crime No. 61 of 2025 (P.S. Rampur Karkhana, District Deoria) under Sections 109, 117(2), 351(3), 352, 115(2), 191(2) of the B.N.S 2023 and section 3(2)(v) of the S.C. S.T. Act against the petitioner should be quashed, and whether respondents should be directed not to arrest the petitioner pursuant to that FIR.

Court's answer

After hearing rival contentions, the Court found that this is not a fit case for quashing the FIR registered against the petitioner.

Ratio / Principle

If the petitioner appears before the court below within 60 days and applies for regular bail or anticipatory bail, his application shall be considered as per the judgement and order of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (2009 (3) ADJ 322 (SC)).

Key takeaways

For a period of 60 days, the petitioner shall not be arrested in the aforesaid case, if not already arrested.ratio¶11
If the petitioner does not appear before the court below within the said 60-day period, coercive action shall be taken against him.ratio¶12
The petitioner will not be granted any further time by this Court for surrendering before the court beyond the 60 days directed above.ratio

Detailed headnote1 paragraphs

CRIMINAL MISC. WRIT PETITION DISMISSED — FIR QUASHING REFUSED, 60-DAY NO-ARREST WINDOW GIVEN: High Court of Judicature at Allahabad, Court No. 47, Coram Siddharth and Avnish Saxena, JJ., CRIMINAL MISC. WRIT PETITION No. 13429 of 2025 (Order Date 17.7.2025; Neutral Citation No. 2025:AHC:115854-DB). Petitioner Abhay Kumar Yadav sought quashing of FIR dated 19.03.2025 registered as Case Crime No. 61 of 2025, Police Station Rampur Karkhana, District Deoria, under Sections 109, 117(2), 351(3), 352, 115(2), 191(2) of the B.N.S 2023 and section 3(2)(v) of the S.C. S.T. Act, and a direction that respondents not arrest him pursuant thereto. The Court, finding it 'not a fit case for quashing the FIR', dismissed the writ petition. However, on counsel's request it directed that if the petitioner appears before the court below within 60 days and applies for regular bail/anticipatory bail, his application shall be considered as per the Apex Court judgement in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC); the petitioner shall not be arrested for 60 days if not already arrested; failing appearance, coercive action shall follow and no further time for surrendering will be granted.

Neutral Citation No. - 2025:AHC:115854-DB

Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 13429 of 2025 Petitioner :- Abhay Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J.

Heard learned counsel for the petitioner; learned A.G.A for the State and perused the material on record.

The present writ petition has been preferred for quashing the FIR dated 19.03.2025 registered as Case Crime No. 61 of 2025, under Section 109, 117(2), 351(3), 352, 115(2), 191(2) of the B.N.S 2023, and section 3(2)(v) of the S.C. S.T. Act., Police Station- Rampur Karkhana, District-Deoria, against the petitioner only and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR.

Learned counsel for the petitioner submits that petitioner has been falsely implicated regarding the alleged offences.

Learned AGA has opposed the prayer for quashing the FIR in view of the seriousness of the allegations made against the petitioner.

After hearing rival contentions, this Court finds that it is not a fit case for quashing the FIR.

This writ petition is, accordingly, dismissed.

However, on the request of learned counsel for the petitioner, it is directed that in case petitioner appears before the court below within 60 days from today and applies for regular bail/ anticipatory bail, the same shall be considered as per judgement and order of Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

For a period of 60 days, the petitioner shall not be arrested in the aforesaid case, if not already arrested.

However, in case, the petitioner does not appears before the court below within the aforesaid period, coercive action shall be taken against him.

It is made clear that the petitioner will not be granted any further time by this Court for surrendering before the court below as directed above.

Order Date :- 17.7.2025

Ruchi Agrahari

( Avnish Saxena,J.) (Siddharth, J.)

Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad