Ashish Tiwari vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others — Allahabad HC (2026) — LawSathi Research

Ashish Tiwari vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of in view of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 and the law laid down in Arnesh Kumar and Satender Kumar Antil; petitioner to appear before the Investigating Officer and cooperate in the investigation till completion, failing which protection of the order may be withdrawn on application by the prosecution or the complainant.

Issue for consideration

Whether the writ petition seeking quashing of FIR/Case Crime No. 481 of 2025 (Sections 352 and 351(3) BNS 2023) should be allowed, the alleged offences carrying maximum punishment of less than seven years imprisonment while the police seeks to arrest the petitioner contrary to the mandate of the Bhartiya Nagrik Suraksha Sanhita.

Court's answer

Petition disposed of in view of the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 and the law laid down by the Apex Court in Arnesh Kumar (supra) and Satender Kumar Antil (supra).

Ratio / Principle

Petitioner directed to appear before the Investigating Officer of the concerned police station whenever required and to continue cooperating in the investigation till its completion.

Key takeaways

On failure to cooperate in the investigation, the protection of this order may be withdrawn on an application moved by the prosecution or the complainant.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Criminal Misc. Writ Petition No. 12155 of 2025, decided January 6, 2026 (Abdul Moin and Babita Rani, JJ.). Writ petition seeking certiorari for quashing of FIR/Case Crime No. 481 of 2025 under Sections 352 and 351(3) of B.N.S., 2023, Police Station Salon, District Raebareli, disposed of in view of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 and the law laid down by the Supreme Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 and Satender Kumar Antil v. CBI (2022) 10 SCC 51, the offences alleged carrying maximum punishment of less than seven years. Petitioner directed to appear before the Investigating Officer whenever required and to continue cooperating in the investigation till completion; on failure, protection of the order may be withdrawn on application by the prosecution or the complainant.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. WRIT PETITION No. - 12155 of 2025

Ashish Tiwari

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others

Counsel for Petitioner(s) Counsel for Respondent(s) o. n ers	: Arpit Singh : G.A. .....Respondent(s)

Court No. - 11

HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

In view of proposed order, notice to opposite party no.4 is hereby dispensed with.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No. 481 of 2025, under Sections 352 and 351(3) of B.N.S., 2023, Police Station- Salon, District- Raebareli.

Learned counsel for the petitioner has submitted that the offences as alleged in FIR carry maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita.

Learned A.G.A. appearing for respondents-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) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed 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- (2022) 10 SCC 51.

Considering the stand of the investigating agency, learned counsel for

CRLP No. 12155 of 2025

2

the petitioner states that his 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) Bhartiya Nagrik Suraksha Sanhita, 2023 and the law as laid down by the Apex Court in re; Arnesh Kumar (supra) and Satender Kumar Antil (supra) .

However, it is directed that the petitioner shall appear before the Investigating Officer of the concerned police station whenever he is required to cooperate in the investigation. Thereafter, he shall continue to cooperate in the investigation till its completion, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant.

(Mrs. Babita Rani,J.) (Abdul Moin,J.)

January 6, 2026 AKK

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench