Bharat Goswami vs State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. of Home and 3 Others — Allahabad HC (2025) — LawSathi Research

Bharat Goswami vs State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. of Home and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No quashing of the F.I.R.; petition disposed of on the strength of the investigating agency's stated position that Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 shall be strictly followed in terms of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.

Issue for consideration

Whether the F.I.R. dated 13.11.2024 (Case Crime No. 0343 of 2024, P.S. Bakshi Ka Talab, District Lucknow) should be quashed by way of a writ/certiorari direction, the petitioner contending that the alleged offences carry maximum punishment of imprisonment for a term of less than seven years while the police was attempting his arrest contrary to the mandates of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

The petition is disposed of in view of the provisions of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the law laid down by the Apex Court in Arnesh Kumar (supra); no direction quashing the F.I.R. was issued.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Division Bench: Vivek Chaudhary and Om Prakash Shukla, JJ.), Order dated 8.1.2025, Neutral Citation 2025:AHC-LKO:1264-DB — Criminal Misc. Writ Petition No. 98 of 2025, Bharat Goswami v. State of U.P. and 3 Others. Petitioner sought a direction in the nature of certiorari to quash F.I.R. dated 13.11.2024, Case Crime No. 0343 of 2024, P.S. Bakshi Ka Talab, District Lucknow, for offences under Sections 61(2) and 318(4) of Bharatiya Nyaya Sanhita, 2023 and Sections 60, 63 and 72 of the U.P. Excise Act. Counsel for the petitioner urged that the alleged offences carry a maximum punishment of imprisonment for less than seven years, yet the police was attempting arrest contrary to the mandates of the Bharatiya Nagarik Suraksha Sanhita, 2023. The learned Additional Government Advocate stated on behalf of the investigating agency that, the offence entailing less than seven years' sentence, the provisions of Section 35(3) of BNSS, 2023 shall be strictly followed per Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. Counsel thereupon consented to disposal, and the petition was disposed of in view of Section 35(3) BNSS, 2023 and the Arnesh Kumar law; no quashing direction was issued.

Neutral Citation No. - 2025:AHC-LKO:1264-DB

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 98 of 2025

Petitioner :- Bharat Goswami Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Home And 3 Others Counsel for Petitioner :- Umesh Singh,Amarjeet Singh

Counsel for Respondent :- G.A.

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

Heard learned counsel for the petitioner, learned A.G.A. appearing for the State/opposite parties and perused the record.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 13.11.2024, bearing Case Crime No.0343 of 2024, for the offence under Sections 61(2),318(4) of Bharatiya Nyaya Sanhita, 2023 and Sections 60,63,72 U.P.Excise Act registered at Police Station Bakshi Ka Talab, District Lucknow.

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 Bharatiya Nagarik Suraksha Sanhita, 2023.

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. 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 anothe r .

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.

Accordingly, this petition is disposed of in view of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023. and the law as laid down by Apex Court in the case of Arnesh Kumar (supra) .

(Om Prakash Shukla,J.) (Vivek Chaudhary,J.) Order Date :- 8.1.2025 Arjun/-

Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench