Disposed¶18

Rajkumari and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Allahabad HC7 Jan 2026CRLP/8733/2025

Case brief

AI extract

What is this about?

Quashing of FIR refused/disposed; arrest protection under Section 35(3) BNSS 2023 for offences punishable below seven years; Arnesh Kumar (2014) 8 SCC 273 and Satender Kumar Antil (2022) 10 SCC 51 relied on; Sections 115(2), 352, 351(2) BNS 2023; P.S. Dhaurahra, Lakhimpur Kheri; conditional protection subject to cooperation with investigation; Allahabad High Court Lucknow Bench, Criminal Misc. Writ Petition 8733 of 2025.

What did the court decide?

Petition disposed of in terms of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 and the law in Arnesh Kumar and Satender Kumar Antil; petitioners directed to appear before and cooperate with the Investigating Officer till completion of investigation, with protection liable to withdrawal on failure to cooperate. ¶18

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned F.I.R./Case Crime No. 0595 of 2025 under Sections 115(2), 352 and 351(2) of B.N.S., 2023 (Police Station Dhaurahra, District Lakhimpur Kheri) is liable to be quashed by a writ of certiorari. +1 more

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Ratio / Principle

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 (supra) and Satender Kumar Antil (supra).

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Key takeaways

The petitioners shall appear before the Investigating Officer of the concerned police station whenever required and shall continue to cooperate in the investigation till its completion.ratio¶19
In case of failure to cooperate in the investigation, the protection of this order may be withdrawn on an application moved by the prosecution or the complainant.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Criminal Misc. Writ Petition No. 8733 of 2025, decided January 7, 2026 (Abdul Moin and Babita Rani, JJ.): Writ petition seeking certiorari for quashing of FIR/Case Crime No. 0595 of 2025 under Sections 115(2), 352 and 351(2) of B.N.S., 2023, Police Station Dhaurahra, District Lakhimpur Kheri, 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, after the State (A.G.A.) stated that Section 35(3) would be strictly followed since the alleged offences entail less than seven years' imprisonment. Petitioners directed to appear before the Investigating Officer whenever required and to cooperate till completion of investigation; failing which, protection of the order may be withdrawn on application of the prosecution or the complainant.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. WRIT PETITION No. - 8733 of 2025

Rajkumari And Others

.....Petitioner(s)

Versus

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

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n ers		.....Respondent(s)
Counsel for Petitioner(s)	: Surya Prakash,	Arsh Bugga
Counsel for Respondent(s)	: G.A.

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Court No. - 11

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

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

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In view of proposed order, notice to opposite party no.3 is hereby dispensed with.

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This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No. 0595 of 2025, under Sections 115 (2), 352, and 351 (2) of B.N.S., 2023, Police StationDhaurahra, District- Lakhimpur Kheri.

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Learned counsel for the petitioners 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 them, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita.

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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 SCC 51.

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CRLP No. 8733 of 2025

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Considering the stand of the investigating agency, learned counsel for the petitioners states that his petition be disposed of in view of the above said facts.

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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) .

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However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station whenever they are required to cooperate in the investigation. Thereafter, they 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.

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

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January 7, 2026

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Pachhere/-

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Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench

Rajkumari and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

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Rajkumari and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

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