Kunal @ Kunal Shukla and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others
Case brief
What is this about?
Allahabad High Court (Lucknow Bench) disposed of a 2025 criminal misc. writ petition challenging FIR No. 0331/2025 (Sections 191(2), 333, 324(4), 352, 351(3) BNS 2023, P.S. Motigarpur, Sultanpur) on the State's assurance that Section 35(3) BNSS 2023 (no arrest for offences punishable under seven years without notice/preceding procedure) would be strictly followed per Arnesh Kumar (2014) 8 SCC 273 and Satender Kumar Antil (2022) 10 SCC 51; conditional protection granted subject to cooperation with the Investigating Officer; keywords: FIR quashing, arrest protection, BNSS Section 35(3), Arnesh Kumar guidelines, Satender Kumar Antil, cooperation in investigation.
What did the court decide?
Petition disposed of on the investigating agency's stand that Section 35(3) BNSS 2023 shall be strictly followed per Arnesh Kumar and Satender Kumar Antil; petitioners directed to appear before and cooperate with the Investigating Officer till completion of investigation, with protection of the order withdrawable if they fail to do so.