Rajesh Kumar Alias Rajesh And Others vs State Of U.P. Thru. Prin, Secy. Home Lko ...
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Allahabad High Court

Rajesh Kumar Alias Rajesh And Others vs State Of U.P. Thru. Prin, Secy. Home Lko ... on 21 November, 2024

Author: Vivek Chaudhary

Bench: Vivek Chaudhary

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:76874-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 8787 of 2024
 

 
Petitioner :- Rajesh Kumar Alias Rajesh And Others
 
Respondent :- State Of U.P. Thru. Prin, Secy. Home Lko And Others
 
Counsel for Petitioner :- Iqbal Ali
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Om Prakash Shukla,J.

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

2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 01.11.2024 bearing Case Crime No.0374 of 2024, for the offence under Sections115(2), 352, 351(2), 126(2) B.N.S., 2023, registered at Police Station Sakran, District Sitapur.

3. 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 petitioners, which is against the mandates of Code of Criminal Procedure (Now Bhartiya Nagrik Surksha Sanhita, 2023).

4. 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) of B.N.S.S., 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.

5. 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.

6. Accordingly, this petition is disposed of in view of the provisions of Section 35(3) of B.N.S.S., 2023 and the law as laid down by Apex Court in the case of Arnesh Kumar (supra).

Order Date :- 21.11.2024

Arti/-

[Om Prakash Shukla,J.] [Vivek Chaudhary,J.]