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

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

What the court decided

AI extract

Outcome

Petition disposed of (F.I.R. not quashed) on the investigating agency's statement that Section 35(3), Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed per Arnesh Kumar and Satender Kumar Antil; petitioner directed to appear before the Investigating Officer on 30.01.2026 at 11:00 AM sharp and to continue cooperating in the investigation till completion, failing which protection of the order may be withdrawn on application by the prosecution or the complainant.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 impugned F.I.R. (Case Crime No.0002/2026, Sections 303(2), 317(2) and 3(5) of B.N.S. 2023, P.S. Kotwali Rudauli, District Ayodhya) should be quashed, given the counsel's submission that the alleged offences carry maximum punishment of less than seven years' imprisonment while the police seeks to arrest the petitioner contrary to the mandates of the Bhartiya Nagrik Suraksha Sanhita. +1 more

Court's answer

The writ 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 (supra) and Satender Kumar Antil (supra), taking on record the investigating agency's statement that Section 35(3) shall be strictly followed; the F.I.R. is not quashed.

Ratio / Principle

The petitioner is directed to appear before the Investigating Officer of the concerned police station on 30.01.2026 at 11:00 AM sharp to cooperate in the investigation and to continue cooperating until its completion; failing which, the protection of this order may be withdrawn on an application moved by the prosecution or the complainant.

Key takeaways

Notice to opposite party no.4 is dispensed with in view of the proposed order.¶12

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Criminal Misc. Writ Petition No. 290 of 2026, decided January 16, 2026 (Rajnish Kumar and Zafeer Ahmad, JJ.) — Chandan Yadav v. State of U.P. — Petition seeking a certiorari-type direction for quashing of F.I.R./Case Crime No.0002/2026 under Sections 303(2), 317(2) and 3(5) of the B.N.S., 2023, Police Station Kotwali Rudauli, District Ayodhya. Petitioner's counsel submitted that the offences alleged carry maximum punishment of less than seven years' imprisonment, yet the police was trying to arrest him contrary to the mandates of the Bhartiya Nagrik Suraksha Sanhita. The learned A.G.A. stated on behalf of the investigating agency that, the offence entailing sentence of less than seven years, the provisions of Section 35(3), BNSS 2023 shall be strictly followed in terms of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 and Satender Kumar Antil v. CBI, (2022) 10 SCC 51. The Court disposed of the petition in view of Section 35(3) and the said Apex Court law, directing the petitioner to appear before the Investigating Officer on 30.01.2026 at 11:00 AM sharp and to continue cooperating in the investigation till completion, failing which the protection of the order may be withdrawn on application by the prosecution or the complainant. Notice to opposite party no.4 was dispensed with.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. WRIT PETITION No. - 290 of 2026

Chandan Yadav

.....Petitioner(s)

Versus

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

.....Respondent(s)

Counsel for Petitioner(s)	: Vinod Kumar
Counsel for Respondent(s)	: G.A.

Court No. - 10

HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J.

Heard Sri Vinod Kumar, 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.0002/2026, under Sections 303(2), 317(2) and 3(5) of B.N.S., 2023, Police Station Kotwali Rudauli, District Ayodhya.

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 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, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51 .

CRLP No. 290 of 2026

2

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) 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 on 30.01.2026 at 11:00 AM sharp for the purpose 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.

(Zafeer Ahmad,J.) (Rajnish Kumar,J.)

January 16, 2026 Saurabh

Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench