Disposed¶11

Shani Jaiswal v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 5 Others

Allahabad HC26 May 2025CRLP/4464/2025

Case brief

AI extract

What is this about?

FIR quashing writ petition; BNS 2023 Sections 74, 76, 115(2), 352, 351(3); POCSO Act Sections 7/8; arrest during investigation of offences punishable up to seven years; Section 35(3) BNSS 2023 compliance; Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273; interim directions; counter affidavit four weeks; Police Station Rupaideeha, District Bahraich; Allahabad High Court Lucknow Bench; order dated 26.5.2025.

What did the court decide?

Interim directions only, petition not finally decided: counter affidavit to be filed within four weeks; case listed after four weeks; meanwhile, police directed to ensure strict compliance of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 during investigation, in terms of Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273. ¶11

Shani Jaiswal vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned F.I.R./Case Crime No.0132 of 2025 dated 12.5.2025, registered at Police Station Rupaideeha, District Bahraich, under Sections 74, 76, 115(2), 352, 351(3) of BNS 2023 and Sections 7/8 of POCSO Act, should be quashed. +1 more

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Court's answer

In view of the facts submitted, the Court held that a case for consideration is made out, and issued interim directions (counter affidavit within four weeks; case to be listed after four weeks).

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Ratio / Principle

Pending consideration of the petition, the Court directed that the Police, while conducting the investigation, shall ensure strict compliance of the provisions of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in terms of the Supreme Court judgment reported at (2014) 8 SCC 273 (Arnesh Kumar vs. State of Bihar and another).

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Detailed headnote1 paragraphs

Criminal Misc. Writ Petition No. 4464 of 2025, Shani Jaiswal v. State of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. and 5 others — High Court of Judicature at Allahabad, Lucknow Bench, order dated 26.5.2025 (Hon'ble Vivek Chaudhary, J. and Hon'ble Brij Raj Singh, J.). Petition seeks issuance of direction in the nature of certiorari for quashing of F.I.R./Case Crime No. 0132 of 2025 dated 12.5.2025, registered at Police Station Rupaideeha, District Bahraich, for offences under Sections 74, 76, 115(2), 352, 351(3) of Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 7/8 of Protection of Children from Sexual Offences Act. Interim order: counter affidavit within four weeks, case listed after four weeks; meanwhile police directed that investigation shall ensure strict compliance of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in terms of the Supreme Court judgment in Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273.

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4464 of 2025 Petitioner :- Shani Jaiswal Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 5 Others

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Counsel for Petitioner :- Sachin Srivastava Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.

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Heard learned counsel for the petitioner, learned A.G.A. appearing for the State/opposite parties and Sri Sumit Chauhan, Advocate, who has filed his Power today on behalf of opposite party no.4, which is taken on record. His name shall be shown in the cause list as appearing for opposite party no.4, when the case is next listed. Perused the record.

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This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 12.5.2025, bearing F.I.R./Case Crime No.0132 of 2025, for the offence under Sections 74, 76, 115(2), 352, 351(3) of Bharatiya Nyaya Sanhita, 2023 (BNS), and Sections 7/8 of Protection of Children from Sexual Offences Act, registered at Police Station Rupaideeha, District Bahraich.

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Learned counsel for the petitioner has submitted that the offences as alleged in F.I.R. have maximum punishment for the term upto seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandates of Code of Criminal Procedure.

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In view of the aforesaid facts, a case for consideration is made out.

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Let counter affidavit be filed within four weeks.

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List after four weeks.

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Meanwhile, it is provided that the Police while conducting the investigation shall ensure strict compliance of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in terms of judgment 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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[Brij Raj Singh,J.] [Vivek Chaudhary,J.]

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Order Date :- 26.5.2025 Sachin

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Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench

Shani Jaiswal v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Shani Jaiswal v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

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