Disposed¶12

Chhavinath v. State of U.P. Thru. Secy. Home Lko. and Others

Allahabad HC8 Jan 2025CRLP/90/2025

Case brief

AI extract

What is this about?

Quashing of FIR refused; petition disposed. Keywords: writ of certiorari against FIR; Case Crime No.823 of 2024; Sections 281 and 106(1) BNS; Police Station Mohammadpur Khala, District Barabanki; offence punishable with less than seven years imprisonment; protection against arrest; Section 35(3) BNSS 2023 strict compliance; Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273; Code of Criminal Procedure replaced by Bhartiya Nagrik Surksha Sanhita 2023; investigating agency undertaking; Allahabad High Court Lucknow Bench; neutral citation 2025:AHC-LKO:1215-DB; order dated 8.1.2025.

What did the court decide?

No quashing of FIR; petition disposed of with the investigating agency's assurance that Section 35(3) of B.N.S.S., 2023 shall be strictly followed in terms of Arnesh Kumar ((2014) 8 SCC 273) in respect of the petitioner. ¶12

Chhavinath vs State of U.P. Thru. Secy. Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned FIR dated 17.12.2024 (Case Crime No.823 of 2024, Sections 281& 106(1) B.N.S., P.S. Mohammadpur Khala, District Barabanki) registered against the petitioner Chhavinath should be quashed by a direction in the nature of certiorari. +1 more

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Court's answer

The writ petition seeking quashing of the FIR was disposed of (the FIR was not quashed) in view of the provisions of Section 35(3) of B.N.S.S., 2023 and the law laid down by the Apex Court in Arnesh Kumar.

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Ratio / Principle

Since the offence alleged entails a sentence of less than seven years, arrest/action against the petitioner is to proceed under strict compliance with Section 35(3) of B.N.S.S., 2023 in terms of Arnesh Kumar; the Court disposed of the petition on the strength of the investigating agency's statement to that effect, accepting the petitioner counsel's request for such disposal.

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Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench, Court No. 10), CRIMINAL MISC. WRIT PETITION No. 90 of 2025 — Chhavinath v. State of U.P. Thru. Secy. Home Lko. And Others (decided 8.1.2025; Bench: Vivek Chaudhary and Om Prakash Shukla, JJ.). The petitioner sought certiorari quashing of FIR dated 17.12.2024, Case Crime No.823 of 2024, under Sections 281& 106(1) B.N.S., P.S. Mohammadpur Khala, District Barabanki, contending the offences carried maximum punishment below seven years' imprisonment and that his impending arrest violated the Code of Criminal Procedure (now Bhartiya Nagrik Surksha Sanhita, 2023). The Additional Government Advocate, on behalf of the investigating agency, stated that as the offence entails a sentence of less than seven years, the provisions of Section 35(3) of B.N.S.S., 2023 shall be strictly followed in terms of Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273. Considering that stand, and on the petitioner counsel's request, the Court disposed of the petition in view of Section 35(3) of B.N.S.S., 2023 and the Arnesh Kumar law, without quashing the FIR.

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Neutral Citation No. - 2025:AHC-LKO:1215-DB

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 90 of 2025

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Petitioner :- Chhavinath

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Respondent :- State Of U.P. Thru. Secy. Home Lko. And Others Counsel for Petitioner :- Vijay Kumar Asthana Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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Heard learned counsel for the petitioner, 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 17.12.2024, bearing Case Crime No.823 of 2024, for the offence under Sections 281& 106(1) B.N.S., registered at Police Station Mohammadpur Khala, District Barabanki.

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Learned counsel for the petitioner has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandates of Code of Criminal Procedure (Now Bhartiya Nagrik Surksha Sanhita, 2023).

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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 B.N.S.S., 2023 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 petitioner 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 B.N.S.S., 2023 and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). Order Date :- 8.1.2025 Arti/-

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[Om Prakash Shukla,J.] [Vivek Chaudhary,J.]

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Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Chhavinath v. State of U.P. Thru. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Chhavinath v. State of U.P. Thru. Secy. Home Lko. and Others

Case brief

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Why is it important?

What the court decided

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