Akil @ Mohammad Akil And Another vs State Of U.P. Thru. Addl Chief Secy. ...
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Allahabad High Court

Akil @ Mohammad Akil And Another vs State Of U.P. Thru. Addl Chief Secy. ... on 8 November, 2024

Author: Vivek Chaudhary

Bench: Vivek Chaudhary

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:73795-DB
 
Court No. - 10
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 8411 of 2024
 
Petitioner :- Akil @ Mohammad Akil And Another
 
Respondent :- State Of U.P. Thru. Addl Chief Secy. Prin. Secy Deptt. Of Home Lko And 2 Others
 
Counsel for Petitioner :- Anurag Shukla,Ishan Pandey
 
Counsel for Respondent :- G.A.
 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Om Prakash Shukla,J.

Heard Sri Ishan Pandey, learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 23.10.2024 bearing FIR/Case Crime No.0334/2024, for the offence under Sections 349, 336(4), 340(2) of Bhartiya Nayay Sanhita (BNS), 2023 and sections 51 & 63 of Copyright Act, 1957 as well as Section 3 & 7 of Essential Commodities Act, 1955, registered at Police Station Sandila, District Hardoi.

Learned counsel for the petitioners 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 them, which is against the mandates of Code of Criminal Procedure.

Additional Government Advocate appearing for respondent 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 judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another.

Considering the stand of the investigating agency, learned counsel for the petitioners 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 Apex Court in the case of Arnesh Kumar (supra).

Order Date :- 8.11.2024/Reena/-

(Om Prakash Shukla,J.) (Vivek Chaudhary,J.)