Jai Bhagwan Sharma and 2 Others vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

Jai Bhagwan Sharma and 2 Others vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order only: notice issued to respondent no. 3 returnable within four weeks (steps within a week); learned AGA may file counter affidavit within the same period; case listed on 6.7.2026; in the meantime, if the petitioners are arrested pursuant to the impugned FIR, the respondents/authorities shall strictly comply with Section 35 of BNSS and the guidelines in Arnesh Kumar v. State of Bihar and the further directions in Satender Kumar Antil. The quashing prayer remains undecided.

Issue for consideration

Whether the impugned FIR dated 3.1.2026 (Case Crime No. 0003 of 2026, P.S. Sihani Gate, District Ghaziabad) discloses any offence against the petitioners and is liable to be quashed. +1 more

Ratio / Principle

Interim direction: since all the offences under which the impugned FIR was registered are punishable with a term up to 7 years, in case of arrest of the petitioners in pursuance of the impugned FIR, the respondents/authorities shall strictly comply with Section 35 of BNSS, the guidelines in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, and the further directions in Satender Kumar Antil (orders dated 21.01.2025 and 15.01.2026).

Key takeaways

The Court recorded that all the offences on the basis of which the impugned FIR has been registered are punishable with a term up to 7 years.ratio¶21

Detailed headnote1 paragraphs

Criminal Misc. Writ Petition No. 6035 of 2026, High Court of Judicature at Allahabad (Court No. 48), decided April 6, 2026 (Rajiv Gupta, J. and Dr. Ajay Kumar-II, J.) — Petition for quashing of FIR dated 3.1.2026 arising out of Case Crime No. 0003 of 2026 under Sections 191(2), 308(2), 352, 351(2), 333 of BNS, 2023, Police Station-Sihani Gate, District-Ghaziabad, on the ground that no offence is disclosed against the petitioners. Court held the matter requires consideration; notice issued to respondent no. 3 returnable within four weeks, counter affidavit by learned AGA within the same period; case listed on 6.7.2026. Interim direction: since all the offences under which the FIR was registered are punishable with a term up to 7 years, in case of arrest of the petitioners pursuant to the FIR, the respondents/authorities shall strictly comply with Section 35 of BNSS and the guidelines in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, and the further directions in Satender Kumar Antil v. Central Bureau of Investigating and Another (orders dated 21.01.2025 and 15.01.2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 6035 of 2026

Jai Bhagwan Sharma And 2 Others

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

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

Court No. - 48

HON'BLE RAJIV GUPTA, J. HON'BLE DR. AJAY KUMAR-II, J.

Heard learned counsel for the petitioners, learned AGA for the State and perused the record.

The instant writ petition has been filed by the petitioners with the prayer to quash the impugned FIR dated 3.1.2026 arising out of Case Crime No. 0003 of 2026, under Sections 191(2), 308(2), 352, 351(2), 333 of BNS, 2023, Police Station-Sihani Gate, District-Ghaziabad.

Learned counsel for the petitioners has submitted that from the allegations made in the impugned FIR, no offence whatsoever is disclosed against the petitioners and as such, the impugned FIR is liable to be quashed.

Learned counsel for the petitioners has further submitted that on the careful perusal of the impugned FIR, it is evident that all the sections, under which, the impugned FIR has been registered, are punishable with the term up to 7 years, therefore, in case of effecting the arrest of the petitioners in pursuance of the impugned FIR, respondent/ authorities shall ensure that the specific provisions contained in Section 35 of BNSS and the guidelines issued by the Hon’ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 and further directions issued by the Hon’ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of

CRLP No. 6035 of 2026

2

Investigating and Another vide orders dated 21.01.2025 and 15.01.2026 be strictly complied with.

In view of the submissions made by learned counsel for the petitioners, matter requires consideration.

Issue notice to respondent no. 3 returnable within four weeks. Steps be taken within a week.

Learned AGA may also file counter affidavit within the same period.

List this case on 6.7.2026.

In the meantime, since all the offences, on the basis of which, the impugned FIR has been registered are punishable with the term up to 7 years, therefore, in case of effecting the arrest of the petitioners in pursuance of the impugned FIR, respondent/ authorities shall ensure that the specific provisions contained in Section 35 of BNSS and the guidelines issued by the Hon’ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 and further directions issued by the Hon’ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigating and Another vide orders dated 21.01.2025 and 15.01.2026 be strictly complied with.

(Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)

April 6, 2026 KU

Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad