Rajesh and 6 Others vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

Rajesh and 6 Others vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Notice issued to respondent no. 3 returnable within four weeks (steps within a week); learned AGA may file counter affidavit within the same period; interim direction that any arrest of the petitioners shall be preceded by compliance with Section 35 BNSS and the Arnesh Kumar and Satender Kumar Antil guidelines/directions; case listed on 6.8.2026. Petition not finally decided.

Issue for consideration

Whether the impugned FIR dated 17.3.2026 (Case Crime No. 0092 of 2026, P.S. Jewar) discloses no offence against the petitioners and is liable to be quashed.

Court's answer

The matter requires consideration; notice was ordered to respondent no. 3 returnable within four weeks, steps to be taken within a week, and the learned AGA was permitted to file a counter affidavit within the same period.

Ratio / Principle

As an interim measure, since all the offences in the impugned FIR are punishable with imprisonment up to seven years, in case of arrest of the petitioners in pursuance of the FIR the respondent/authorities shall ensure compliance 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 Investigation (orders dated 21.01.2025 and 15.01.2026).

Detailed headnote1 paragraphs

Allahabad High Court (Rajiv Gupta and Dr. Ajay Kumar-II, JJ.), Criminal Misc. Writ Petition No. - 8879 of 2026, Rajesh and 6 Others v. State of U.P. and 2 Others, decided May 7, 2026 — Writ petition seeking quashing of FIR dated 17.3.2026 arising out of Case Crime No. 0092 of 2026 under Sections 191(2), 333, 115(2), 352, 351(3) of B.N.S., 2023, Police Station Jewar, District-Greater Noida (Commissionerate Gautam Budh Nagar). Counsel contended no offence was disclosed and that, the offences being punishable up to seven years, Section 35 BNSS and the Arnesh Kumar (2014) 8 SCC 273 and Satender Kumar Antil safeguards would apply to any arrest. Holding the matter required consideration, the Court issued notice to respondent no. 3 returnable within four weeks (steps within a week), permitted the learned AGA to file a counter affidavit within the same period, and directed as an interim measure that if the petitioners are arrested, the respondent/authorities shall ensure strict compliance with Section 35 of BNSS and the said Apex Court guidelines and directions. Case listed on 6.8.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 8879 of 2026

Rajesh And 6 Others

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Santosh Kukmar Tiwari
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 17.3.2026 arising out of Case Crime No. 0092 of 2026, under Sections 191(2), 333, 115(2), 352, 351(3) of B.N.S., 2023, Police Station- Jewar, District-Greater Noida (Commissionerate Gautam Budh Nagar).

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. 8879 of 2026

2

Investigation 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 6.8.2026.

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

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

May 7, 2026 KU

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