Aviral Yadav Vs State of U.P. Thru. Addl. Secy. Home… — Cheating and Forgery | Allahabad HC (2025)

Aviral Yadav Vs State of U.P. Thru. Addl. Secy. Home… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of in terms of the statement of the learned A.G.A.; the F.I.R. was not quashed. Investigation continues under Sections 420 and 406 I.P.C. (Sections 419, 467, 468, 471 I.P.C. having been dropped during investigation), and the petitioner is recognised as entitled to the benefit of provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 per Arnesh Kumar (2014) 8 SCC 273 and Satender Kumar Antil (SLP(C) No. 5191 of 2021 : (2022) 10 SCC 51).

Issue for consideration

Whether the writ petition filed by the petitioner challenging the F.I.R. (Case Crime No. 0513 of 2024, Police Station Ramsanehi Ghat, District Barabanki, registered under Sections 419, 420, 467, 468, 471, 406 I.P.C.) should be quashed, dismissed or otherwise dealt with. +1 more

Court's answer

The Court disposed of the writ petition challenging the F.I.R. in terms of the statement made by the learned A.G.A.; no direction to quash or dismiss was issued.

Ratio / Principle

Adopting the learned A.G.A.'s statement, the Court recognised that the petitioner is entitled to the benefit of the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023, as the offence allegedly committed entails a sentence of less than seven years, in terms of the Supreme Court judgments rendered in re Arnesh Kumar vs. State of Bihar and another and Satender Kumar Antil vs. CBI and another.

Detailed headnote1 paragraphs

ALLAHABAD HC (LUCKNOW BENCH) | CRIMINAL MISC. WRIT PETITION No. 8537 of 2024 | decided November 7, 2025 | Bench: Rajnish Kumar & Zafeer Ahmad, JJ. Writ petition by Aviral Yadav (counsel: Arun Kumar Shukla, Anuj Kumar Misra, Brijendra Kumar Singh) challenging F.I.R. dated 21.10.2025, Case Crime No. 0513 of 2024, Sections 419, 420, 467, 468, 471, 406 I.P.C., Police Station Ramsanehi Ghat, District Barabanki, against State of U.P. thru Addl. Secy. Home Sectt. Lko and 3 Others (G.A./learned A.G.A.). On learned A.G.A.'s instructions (dated 31.10.2025, from Sri Rajkumar Patel, Sr. Sub Inspector, P.S. Ramsanehighat) taken on record, Sections 419, 467, 468, 471 I.P.C. dropped during investigation and investigation continues under Sections 420 and 406 I.P.C.; as the offence allegedly entails sentence of less than seven years, petitioner entitled to benefit of provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 in terms of Supreme Court judgments Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273 and Satender Kumar Antil vs. CBI and another, SLP(C) No. 5191 of 2021 : (2022) 10 SCC 51. PETITION DISPOSED OF in terms of learned A.G.A.'s statement; F.I.R. not quashed.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. WRIT PETITION No. - 8537 of 2024

Aviral Yadav

.....Petitioner(s)

Versus

State Of U.P. Thru. Addl. Secy. Home Sectt. Lko And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Arun	Kumar Shukla, Anuj Kumar Misra,
	Brijen	dra Kumar Singh
Counsel for Respondent(s)	: G.A.

Court No. - 10

HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J.

1.Heard Sri Brijendra Kumar Singh, learned counsel for the petitioner and learned A.G.A.

This petition has been filed challenging the F.I.R. dated 21.10.2025 vide Case Crime No.0513 of 2024, under Sections 419, 420, 467, 468, 471, 406 I.P.C., Police Station Ramsanehi Ghat, District Barabanki.

Learned counsel for the petitioner submits that the impugned F.I.R has been lodged on the basis of wrong and concocted story whereas the petitioner is innocent in the matter.

Learned A.G.A. on the basis of instructions dated 31.10.2025, received from Sri Rajkumar Patel, Senior Sub Inspector, Police Station Ramsanehighat, District Barabanki, a copy of which has been placed before this Court and is taken on record submits that during investigation Sections 419, 467, 468, 471, I.P.C have been dropped and further investigation under Sections 420 and 406 I.P.C are going on

Learned A.G.A. submits that this petition is misconceived, however, he submits that since the offence allegedly committed by the petitioners, entails sentence of less than seven years, therefore, they are entitled for the benefit of provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 in terms of judgments rendered by Hon'ble Supreme Court in re; Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273 and Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51 .

In view of above, this petition is disposed of in terms of the statement of by learned A.G.A.

November 7, 2025 Shahnaz

(Zafeer Ahmad,J.) (Rajnish Kumar,J.)

Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench