Disposed¶7

Naiyyare Alam and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

Allahabad HC15 May 2025CRLP/4120/2025

Case brief

AI extract

What is this about?

Quashing of F.I.R.; Section 35(3) Bharatiya Nagarik Suraksha Sanhita, 2023; Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273; arrest in offences punishable with imprisonment of less than seven years; Sections 191(2), 191(3), 190, 115(2), 352, 351(3), 333 BNS 2023; Sections 3(1)(da), 3(1)(dha), 3(2)(va) S.C./S.T. Act; police station Motipur, district Bahraich; Criminal Misc. Writ Petition No. 4120 of 2025; disposed of 15.5.2025; Allahabad High Court Lucknow Bench; 2025:AHC-LKO:28730-DB.

What did the court decide?

Petition 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 Arnesh Kumar (supra); the F.I.R. was not quashed. ¶7

Naiyyare Alam and Another Vs State of U.P. Thru. Prin. Secy. Home U.P. 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. 0249 of 2025, police station Motipur, district Bahraich) should be quashed. +1 more

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Ratio / Principle

The writ 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 alleged offences entailing punishment of less than seven years, so that any coercive action against the petitioners is subject to strict compliance with Section 35(3) BNSS as undertaken by the investigating agency.

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Key takeaways

Issuance of notice to opposite party no. 4 was dispensed with in view of the order proposed to be passed in the petition.ratio¶2

Detailed headnote1 paragraphs

Criminal Misc. Writ Petition No. 4120 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench; Division Bench of Hon'ble Attau Rahman Masoodi, J. and Hon'ble Ajai Kumar Srivastava-I, J.; neutral citation 2025:AHC-LKO:28730-DB) sought a certiorari direction for quashing the F.I.R. dated 4.5.2025 registered as Case Crime/F.I.R. No. 0249 of 2025 under Sections 191(2), 191(3), 190, 115(2), 352, 351(3), 333 of the Bharatiya Nyaya Sanhita, 2023 and Section 3(1) (da), 3(1)(dha), 3(2)(va) S.C./S.T. Act, police station Motipur, district Bahraich. Counsel for the petitioners submitted that the offences alleged carry maximum punishment of less than seven years imprisonment whereas the police was attempting arrest, contrary to the mandate of the Bharatiya Nagarik Suraksha Sanhita, 2023. The learned Additional Government Advocate stated on behalf of the Investigating Agency that, the offence entailing sentence of less than seven years, the provisions of Section 35(3) of the BNSS, 2023 shall be strictly followed in terms of Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273. Notice to opposite party no. 4 was dispensed with and, considering the stand of the investigating agency, the petition was disposed of in view of Section 35(3) BNSS, 2023 and the law laid down in Arnesh Kumar (supra). Order dated 15.5.2025.

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Neutral Citation No. - 2025:AHC-LKO:28730-DB

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4120 of 2025 Petitioner :- Naiyyare Alam And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Petitioner :- Lalit Kishore Pandey,Mohammad Salman Counsel for Respondent :- G.A.

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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. 0249 of 2025 under Sections 191(2), 191(3), 190, 115(2), 352, 351(3), 333 of the Bharatiya Nyaya Sanhita, 2023 and Section 3(1) (da), 3(1)(dha), 3(2)(va) S.C./S.T. Act, police station Motipur, district Bahraich.

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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

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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 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

Naiyyare Alam and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

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Naiyyare Alam and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

Case brief

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