Rajendra Kumar @ Rangu And Others vs State Of U.P. Thru. Prin. Secy. Lko. And ...
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Allahabad High Court

Rajendra Kumar @ Rangu And Others vs State Of U.P. Thru. Prin. Secy. Lko. And ... on 31 July, 2025

Author: Rajesh Singh Chauhan

Bench: Rajesh Singh Chauhan

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:44389-DB
 
Court No. - 11
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6905 of 2025
 

 
Petitioner :- Rajendra Kumar @ Rangu And Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Lko. And Others
 
Counsel for Petitioner :- Munendra Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajesh Singh Chauhan,J.
 

Hon'ble Brij Raj Singh,J.

1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State-opposite parties no.1 to 3 and perused the record.In view of the order proposed to be passed issuance of notice to the opposite party no. 4 is dispensed with.

2. This writ petition seeks issuance of direction in the nature of Certiorari for quashing the impugned F.I.R. bearing No.0256 of 2025, under Sections 115(2), 352, 351(3), 324 (2) of Bharatiya Nyaya Sanhita, 2023 Police Station Atrauli, District Hardoi.

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 the petitioners, 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 offences allegedly committed by the petitioners entail 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 petitioners 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.] [Rajesh Singh Chauhan,J.]

Order Date :- 31.7.2025

Anuj Singh