Mohammad Ahmad @ Abrar Ansari vs State Of U.P. Thru. Prin. Secy. Home ...
2025 Latest Caselaw 1330 ALL

Allahabad High Court

Mohammad Ahmad @ Abrar Ansari vs State Of U.P. Thru. Prin. Secy. Home ... on 5 June, 2025

Author: Rajesh Singh Chauhan

Bench: Rajesh Singh Chauhan

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:34789-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 4994 of 2025
 

 
Petitioner :- Mohammad Ahmad @ Abrar Ansari
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others
 
Counsel for Petitioner :- Hariom Divedi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajesh Singh Chauhan,J.
 

Hon'ble Ram Manohar Narayan Mishra,J.

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

2. In view of the 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. dated 5.4.2025 bearing FIR/Case Crime No. 0093 of 2025, for the offence under Section 137(2) of Bhartiya Nayay Sanhita (BNS), 2023, registered at Police Station Dargahsharif, District Bahraich.

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 Code of Criminal Procedure.

5. Additional Government Advocate appearing for respondent 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 of India in the cases reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another and Satender Kumar Antil vs. CBI and another in 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 Apex Court in the case of 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 12.06.2025 at 11.00 a.m. sharp for the purpose to cooperate in the investigation. Thereafter, he shall continue to cooperate in the investigation till its completion, failing which, the protection of this order would not be available to him.

.

[Ram Manohar Narayan Mishra, J.] [Rajesh Singh Chauhan, J.]

Order Date :- 5.6.2025

Om