Kamil @ Chote Miya @ Mohammad Kamil Khan vs State Of U.P. Thru. Addl. Chief ...
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Allahabad High Court

Kamil @ Chote Miya @ Mohammad Kamil Khan vs State Of U.P. Thru. Addl. Chief ... on 29 August, 2025

Author: Rajnish Kumar

Bench: Rajnish Kumar, Rajeev Singh

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:51232-DB
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW
 
CRIMINAL MISC. WRIT PETITION No. - 7867 of 2025
 
Court No. - 10
 
HON'BLE RAJNISH KUMAR, J.

HON'BLE RAJEEV SINGH, J.

1. Heard Sri Manav Gupta, learned counsel for the petitioner and learned A.G.A. for the State.

2. In view of proposed order, notice to opposite party no.4 is hereby dispensed with.

3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No.174/2025, under Sections 115(2), 351(2) and 352 BNS, Police Station Malihabad, District Lucknow.

4. Learned counsel for the petitioner 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 him, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita.

5. 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 petitioner, 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, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51.

6. 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.

7. 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).

8. However, It is directed that the petitioner shall appear before the Investigating Officer of the concerned police station on 11.09.2025 at 11:00 AM sharp for the purpose to cooperate in the investigation. Thereafter, he 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.

August 29, 2025

Raj