Sona Pandey @ Nitish Bhartwal vs State Of U.P. And 2 Others
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Allahabad High Court

Sona Pandey @ Nitish Bhartwal vs State Of U.P. And 2 Others on 19 February, 2025

Author: Vivek Kumar Birla

Bench: Vivek Kumar Birla

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:23603-DB
 
Court No. - 43
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3309 of 2025
 

 
Petitioner :- Sona Pandey @ Nitish Bhartwal
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Sumit Goyal
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.
 

Hon'ble Ram Manohar Narayan Mishra,J.

1. Heard Sri Jitendra Singh holding brief of Sri Sumit Goyal, learned counsel for the petitioners and Sri Ratan Singh, learned A.G.A. for State respondents.

2. This writ petition has been filed for quashing the impugned First Information Report dated 17.1.2025 registered as Case Crime No. 20 of 2025, under Sections 351(2) of B.N.S., P.S. Dhampur, District Bijnor. Further prayer has been made not to arrest the petitioner in the aforesaid case.

3. Although prayer for quashing of FIR has been made but without insisting on the same only submission is that all alleged offences are punishable with imprisonment upto seven years, therefore the police authorities are bound to follow the procedure laid down under Section 35 of B.N.S.S. The petitioners have been wrongly implicated and could not be arrested. Reliance has been placed on the judgement of Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017, Writ Petition (Criminal) No. 156 of 2017, Satendra Kumar Antil vs. Central Bureau of Investigation and Another, (2022) 10 SCC 51 and co-ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147.

4. We have gone through the impugned first information report and without interfering in the same, we are of the opinion that the guidelines framed by the Apex Court in the above noted judgement are equally applicable to the facts of the instant case.

5. Accordingly, the instant petition also stands disposed of in terms of the judgments noted above.

Order Date :- 19.2.2025

Lalit Shukla