Asheesh Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others
Case brief
What is this about?
Asheesh Kumar and others v. State of U.P. (Lucknow Bench, 29.7.2025) - CRIMINAL MISC. WRIT PETITION 6679 of 2025 - quashing of FIR; Case Crime No. 342 of 2025, P.S. Safdarganj, District Barabanki; offences under B.N.S. Sections 76, 109, 131, 115(2), 117(2), 309(5), 352, 351(3), 333, 324(4), 3(5) carrying punishment up to seven years; deletion of Sections 109/309(5) during investigation; compliance with Section 35(3) BNSS 2023 / Section 41A CrPC notice procedure and Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 arrest safeguards; FIR not quashed, petition disposed of.
What did the court decide?
Petition disposed of with a direction to the police authorities concerned to follow the mandate of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) and the directions in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273; the FIR was not quashed.