Shyamlal Maurya and 4 Others vs State of Up and 3 Others — Dowry and Cruelty | Allahabad HC (2025)

Shyamlal Maurya and 4 Others vs State of Up and 3 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Final disposal of the writ petition in terms of the order dated 10.11.2025 passed in Criminal Misc. Writ Petition No. 25349 of 2025 (Bhagawat Maurya and 5 others), which itself stood disposed of in terms of the Apex Court judgements noted therein (Arnesh Kumar; Social Action Forum for Manav Adhikar; Satendra Kumar Antil; Vimal Kumar) concerning adherence to the prescribed arrest procedure (Section 35(3) BNSS / 41-A Cr.P.C.) for offences punishable upto seven years.

Issue for consideration

Whether the present writ petition of Shyamlal Maurya and 4 others challenging FIR dated 18.10.2025 (Case Crime No. 438 of 2025) should be decided in the same terms as the order dated 10.11.2025 already passed in the co-accused Bhagawat Maurya and 5 others' writ petition. +1 more

Court's answer

Since neither counsel for the petitioners nor the learned AGA raised any objection, this Court disposed of the present writ petition finally in terms of its own order dated 10.11.2025 passed in Bhagawat Maurya and 5 others' writ petition (No. 25349 of 2025).

Ratio / Principle

After going through the impugned FIR, the Bench in the order dated 10.11.2025 held that the guidelines framed by the Apex Court in the judgements relied upon (Arnesh Kumar, Social Action Forum for Manav Adhikar, Satendra Kumar Antil, Vimal Kumar) are equally applicable to the facts of the instant case, and accordingly disposed of that petition in terms of those judgements.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Rajeev Misra, J. and Hon'ble Dr. Ajay Kumar-II, J.), by order dated November 18, 2025, disposed of finally the Criminal Misc. Writ Petition No. 25647 of 2025 filed by Shyamlal Maurya and 4 others challenging the FIR dated 18.10.2025 (Case Crime No. 438 of 2025, under Sections 85, 115(2), 352, 351(2) BNS and 3/4 D.P. Act, Police Station Sarailakhansi, District Mau) lodged by first informant-respondent 4 Renu Verma. As counsel for the petitioners and the learned AGA raised no objection, the petition was disposed of in terms of the Court's earlier order dated 10.11.2025 in the co-accused Bhagawat Maurya and 5 others' writ petition (No. 25349 of 2025), reproduced in extenso in the judgment. That reproduced order, noting reliance on Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, Social Action Forum for Manav Adhikar, Satendra Kumar Antil v. CBI (2022) 10 SCC 51 and Vimal Kumar v. State of U.P. 2021 (2) ACR 1147, held the Apex Court guidelines equally applicable and disposed of that petition in terms of the said judgements, in the context of offences punishable with imprisonment upto seven years and the Section 35(3) BNSS (41-A Cr.P.C.) arrest procedure.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 25647 of 2025

Shyamlal Maurya And 4 Others

.....Petitioner(s)

Versus

State Of Up And 3 Others	.....Respo
Counsel for Petitioner(s)	: Harendra Yadav
Counsel for Respondent(s)	: G.A.

.....Respondent(s)

Court No. - 47

HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J.

Heard Mr. Harendra Yadav, the learned counsel for petitioners and the learned AGA for State- respondents 1 to 3.

2. Perused the record.

Petitioner Shyam Lal Maurya and 4 others have approached this Court by means of present writ petition challenging the FIR dated 18.10.2025 lodged by first informant- respondent 4 Renu Verma and registered as Case Crime No. 438 of 2025, under Sections 85, 115(2), 352, 351(2) BNS and 3/4 D.P. Act, Police Station Sarailakhansi, District Mau.

At the very outset the learned counsel for petitioners submits that coaccused Bhagawat Maurya and 5 others approached this Court by means of Criminal Misc. Writ Petition No. 25349 of 2025 (Bhagawat Maurya and 5 others vs. State of U.P. and 3 others) which was disposed of finally vide order dated 10.11.2025. For ready reference, the order dated 10.11.2025 is reproduced herein-below:-

"1. Heard learned counsel for the petitioners as well as Mr. P.K. Gupta, learned A.G.A. for the State respondents.

The instant writ petition has been filed by the petitioners with the prayer to quash the impugned First Information Report dated 18.10.2025 registered as Case Crime No. 438 of 2025, under Sections 85, 115(2), 352, 351(2) of BNS, 2023 and 3/4 D.P. Act, Police Station Sarailakhansi, District Mau and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

CRLP No. 25647 of 2025

2

Learned counsel appearing on behalf of the petitioners has submitted that all alleged offences are punishable with imprisonment upto seven years, therefore the police authorities are bound to follow the procedure laid down under Section 35(3) BNSS (41-A Cr.P.C). It is further submitted that the petitioners have been falsely implicated in the instant case and they could not be arrested without following the procedure under Section 35(3) BNSS (Section 41-A Cr.P.C.).

Learned counsel appearing on behalf of the petitioners has placed reliance on the judgement of Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017 Writ Petition (Criminal) No. 156 of 2017 and in Satendra Kumar Antil vs. Central Bureau of Investigation and Another (2022) 10 SCC 51 and co-ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147.

We have gone through the impugned first information report and we are of the opinion that the guidelines framed by the Apex Court in the above noted judgement are equally applicable to the facts of the instant case.

Accordingly, the instant petition is disposed of in terms of the judgements as noted above. "

Learned counsel for the petitioners submits that he can not have any objection in case present writ petition is decided in terms of order dated 10.11.2025.

Learned AGA has also raised no objection to the submission made by the learned counsel for petitioners.

In view of above, this writ petition is accordingly disposed of finally in terms of the order dated 10.11.2025.

(Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.)

November 18, 2025 Dhirendra/

Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad