Disposed¶10

Muttlib and 5 Others v. State of U.P. Thru. Secy. Home Lko. and 2 Others

Allahabad HC25 Jul 2025CRLP/6715/2025

Case brief

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What is this about?

Allahabad High Court, Lucknow Bench, CRIMINAL MISC. WRIT PETITION No. 6715 of 2025 (decided 25.7.2025, Coram: Sangeeta Chandra, J. and Brij Raj Singh, J.). Keywords: quashing of FIR; certiorari; Sections 85, 76, 352, 131 BNS; Case Crime No. 0390 of 2025; P.S. Bangarmau, District Unnao; offences punishable with less than seven years; arrest protection; Section 35(3) BNSS notice procedure; Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273; petition disposed of, FIR not quashed.

What did the court decide?

Petition disposed of without quashing the F.I.R., on the strength of the investigating agency's statement that the provisions of Section 35(3) BNSS shall be strictly followed in terms of Arnesh Kumar (supra). ¶10

Muttlib and 5 Others Vs State of U.P. Thru. Secy. Home… — Dowry and Cruelty | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:43021-DB

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6715 of 2025 Petitioner :- Muttlib And 5 Others Respondent :- State Of U.P. Thru. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Ajay Kumar Tripathi,Vijay Kumar Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

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Heard learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and 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 02.07.2025, bearing F.I.R./Case Crime No.0390 of 2025, for the offence under Sections 85, 76, 352, 131 of BNS registered at Police Station Bangarmau, District Unnao.

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Learned counsel for the petitioners has submitted that the offences as alleged in 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 mandates of Code of Criminal Procedure.

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Learned Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioner, entails sentence of less than seven years, provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) shall be strictly followed 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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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 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the law as laid down by Apex Court in the case of Arnesh Kumar (supra).

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Order Date :- 25.7.2025 Pks

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Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

Muttlib and 5 Others v. State of U.P. Thru. Secy. Home Lko. and 2 Others

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Muttlib and 5 Others v. State of U.P. Thru. Secy. Home Lko. and 2 Others

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