Pankaj Kumar Maruya vs Stata of U.P. Thru. Prin. Secy. Home Lko and 3 Others — Allahabad HC (2026) — LawSathi Research

Pankaj Kumar Maruya vs Stata of U.P. Thru. Prin. Secy. Home Lko and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of (FIR not quashed) on the State's statement that Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed per Arnesh Kumar and Satender Kumar Antil; petitioner to appear before the Investigating Officer as required and cooperate till completion of investigation, failing which protection of the order may be withdrawn on application by the prosecution or complainant

Issue for consideration

Whether the petitioner, accused in FIR/Case Crime No.0455 of 2025 under Section 316(4) of B.N.S. for an offence punishable with less than seven years, could be arrested without compliance with the mandate of Bhartiya Nagrik Suraksha Sanhita, and whether the FIR should be quashed

Court's answer

On the investigating agency's stand, the petition is 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 and Satender Kumar Antil; the FIR is not quashed

Ratio / Principle

The petitioner is directed to appear before the Investigating Officer of the concerned police station whenever required and to continue cooperating in the investigation till its completion, failing which the protection of the order may be withdrawn on application by the prosecution or the complainant

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (LUCKNOW BENCH) — Criminal Misc. Writ Petition No. 218 of 2026, decided January 13, 2026 (Abdul Moin and Mrs. Babita Rani, JJ.). Petition seeking certiorari for quashing of F.I.R./Case Crime No.0455 of 2025 under Section 316(4) of B.N.S., Police Station Vibhuti Khand, District Lucknow, disposed of (not quashed) on the statement of learned A.G.A. for the State that, the offence entailing sentence of less than seven years, provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273 and Satender Kumar Antil vs. CBI, (2022) 10 SCC 51. Petitioner directed to appear before the Investigating Officer whenever required and to cooperate in the investigation till its completion, failing which protection of the order may be withdrawn on application by the prosecution or the complainant.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. - 218 of 2026

Pankaj Kumar Maruya

.....Petitioner(s)

Versus

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

ers		.....Respondent(s)
Counsel for Petitioner(s)	: Gautam Misra	Mishra, Madhavendra Nath
Counsel for Respondent(s)	: G.A.
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 respondent 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.0455 of 2025, under Section 316(4) of B.N.S., Police Station- Vibhuti Khand, DistrictLucknow.

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 petitioners, 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

CRLP No. 218 of 2026

2

SCC 51.

Considering the stand of the investigating agency, learned counsel for 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 13, 2026

Reena/-

Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench