Disposed¶15

Santosh Kumar and Another v. State of U.P. Thru. Addl. Chief Secy. Home, Lko. and 3 Others

Allahabad HC15 May 2025CRLP/4109/2025

Case brief

AI extract

What is this about?

Quashing of F.I.R.; Section 306 Bharatiya Nyaya Sanhita 2023; Section 35(3) Bharatiya Nagarik Suraksha Sanhita 2023; Arnesh Kumar v. State of Bihar (2014) 8 SCC 273; arrest in offences punishable with imprisonment less than seven years; notice to accused before arrest; Case Crime/F.I.R. No. 0216 of 2025; police station Kotwali Ayodhya, district Ayodhya; disposal on statement of Additional Government Advocate; Allahabad High Court Lucknow Bench; Criminal Misc. Writ Petition No. 4109 of 2025; order dated 15.5.2025.

What did the court decide?

Petition disposed of without quashing the F.I.R.; the investigating agency is to strictly follow Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in terms of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. ¶15

Santosh Kumar and Another Vs State of U.P. Thru. Addl. Chief Secy. Home, Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned F.I.R. dated 4.5.2025 (Case Crime/F.I.R. No. 0216 of 2025, P.S. Kotwali Ayodhya) under Section 306 of the Bharatiya Nyaya Sanhita, 2023 should be quashed, the petitioners' grievance being that the police sought to arrest them for an offence punishable with less than seven years, contrary to the mandate of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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Court's answer

The petition is disposed of in view of the provisions of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the law laid down by the Apex Court in Arnesh Kumar (supra); the F.I.R. was not quashed.

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Ratio / Principle

On the statement of the learned Additional Government Advocate for the investigating agency, it was recorded that since the offence allegedly committed by the petitioners entails sentence of less than seven years, the provisions of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall be strictly followed in terms of the judgment in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273; this became the basis of disposal.

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Detailed headnote1 paragraphs

Criminal Misc. Writ Petition No. 4109 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench; Division Bench of Attau Rahman Masoodi and Ajai Kumar Srivastava-I, JJ.; order dated 15.5.2025) — Petitioners sought a direction in the nature of certiorari for quashing the F.I.R. dated 4.5.2025, registered as Case Crime/F.I.R. No. 0216 of 2025 under Section 306 of the Bharatiya Nyaya Sanhita, 2023 at police station Kotwali Ayodhya, district Ayodhya, contending that the offence carried maximum punishment of less than seven years yet the police sought to arrest them, contrary to the Bharatiya Nagarik Suraksha Sanhita, 2023. The learned Additional Government Advocate stated that, the offence entailing less than seven years, Section 35(3) of the BNSS, 2023 would be strictly followed in terms of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. Held: petition disposed of in view of Section 35(3) BNSS, 2023 and the law in Arnesh Kumar (supra); the F.I.R. was not quashed.

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Neutral Citation No. - 2025:AHC-LKO:28725-DB

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4109 of 2025

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Petitioner :- Santosh Kumar And Another

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Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home, Lko. And 3 Others

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Counsel for Petitioner :- Alok Kumar Mishra,Anjali Pandey Counsel for Respondent :- G.A.,Chandan Srivastava,Ritika Singh,Yogesh Somvanshi

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Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J.

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Heard learned counsel for the petitioners and learned A.G.A. for the State.

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In view of the order proposed to be passed in this petition, issuance of notice to the opposite party no. 4 is dispensed with.

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This petition seeks issuance of a direction in the nature of certiorari for quashing the impugned F.I.R. dated 4.5.2025 registered as Case Crime/F.I.R. No. 0216 of 2025 under Section 306 of the Bharatiya Nyaya Sanhita, 2023, police station Kotwali Ayodhya, district Ayodhya.

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Learned counsel for the petitioners has submitted that the offences as alleged in the F.I.R. have maximum punishment for the term less than seven years imprisonment whereas the police is trying to arrest them, which is against the mandate of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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Learned Additional Government Advocate appearing for respondent State has given a statement on behalf of the Investigating Agency that because the offence allegedly committed by the petitioners entails sentence of less than seven years, provisions of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgement rendered by Hon'ble Supreme Court of India in a case reported in (2014)8 SCC 273: Arnesh Kumar vs. State of

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Bihar and another .

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Considering the stand of the investigating agency, learned counsel for the petitioners states that let this 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) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the law as laid down by the Apex Court in the case of Arnesh Kumar(supra) .

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[Ajai Kumar Srivastava-I,J.] [Attau Rahman Masoodi, J.]

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Order Date :- 15.5.2025 kanhaiya

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

Santosh Kumar and Another v. State of U.P. Thru. Addl. Chief Secy. Home, Lko. and 3 Others

Case brief

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Santosh Kumar and Another v. State of U.P. Thru. Addl. Chief Secy. Home, Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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