Awadhesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko and Others
Case brief
What is this about?
Allahabad High Court (Lucknow Bench), Criminal Misc. Writ Petition No. 4319 of 2025, decided 21.5.2025 by Vivek Chaudhary and Brij Raj Singh, JJ. Keywords: quashing of FIR; Section 316(2) BNS 2023; Bharatiya Nagarik Suraksha Sanhita 2023 Section 35(3); Arnesh Kumar guidelines; no arrest without compliance; interim protection order; notice to opposite party no.4; counter affidavit four weeks; Police Station Jaisinghpur; District Sultanpur; petitioner Awadhesh Kumar; counsel Priyanshi Vishwakarma and Ram Singh; G.A. for State. Precedent engaged: Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273 (applied).
What did the court decide?
No final disposition; interim directions only: notice to opposite party no.4, service report with computer-generated tracking report, counter affidavit within four weeks, listing after four weeks, and meanwhile strict compliance by the Police with Section 35(3) Bharatiya Nagarik Suraksha Sanhita, 2023 per the Supreme Court judgment in Arnesh Kumar vs. State of Bihar ((2014) 8 SCC 273).