Abdullah Khan And Another vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
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Allahabad High Court

Abdullah Khan And Another vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 11 February, 2025

Author: Vivek Chaudhary

Bench: Vivek Chaudhary

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:8596-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1174 of 2025
 

 
Petitioner :- Abdullah Khan And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others
 
Counsel for Petitioner :- Abhishek Srivastava
 
Counsel for Respondent :- G.A. 
 
Hon'ble Vivek Chaudhary, J.
 

Hon'ble Brij Raj Singh, J.

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

2. This writ petition seeks issuance of direction in the nature of Certiorari for quashing the impugned F.I.R. dated 29.01.2025 bearing No.044 of 2025 for the offences under Sections 191(2), 115(2), 352 and 351(3) of Bharatiya Nyaya Sanhita, 2023 registered at Police Station Thakurganj, District Lucknow.

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 them, which is against the mandates of Bharatiya Nagarik Suraksha Sanhita, 2023.

4. Learned AGA appearing for the State/opposite parties 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) of Bharatiya Nagarik Suraksha Sanhita, 2023 shall be strictly followed in terms of the judgment rendered by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar and another, reported in (2014) 8 SCC 273.

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 Bharatiya Nagarik Suraksha Sanhita, 2023 and the law as laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar (supra).

.

(Brij Raj Singh, J.) (Vivek Chaudhary J.)

Order Date :- 11.2.2025

Rao/-