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

Tajuddin And Another vs State Of U.P. Thru. Prin. Secy. Home Lko. ... 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:34770-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 4865 of 2025
 

 
Petitioner :- Tajuddin And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
 
Counsel for Petitioner :- Rampyare Singh,Shiv Shankar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajesh Singh Chauhan,J.
 

Hon'ble Ram Manohar Narayan Mishra,J.

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

2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 12.05.2025 bearing FIR/Case Crime No.0095 of 2025, for the offence under Sections 191(2), 191(3), 131, 115(2), 352 and 351(2) of Bhartiya Nayay Sanhita (BNS), 2023 registered at Police Station Indira Nagar, 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 Code of Criminal Procedure.

4. 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 judgment rendered by Hon'ble Supreme Court of India in re: Satender Kumar Antil vs.CBI and others in Special Leave to Appeal (Criminal) No.5191 of 2021 and a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another.

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) Bhartiya Nagrik Suraksha Sanhita, 2023, and the law as laid down by Apex Court in the case of Satender Kumar Antil (supra) and Arnesh Kumar (supra).

7. However, petitioners are directed to cooperate in the investigation till filing of the police report, failing which the appropriate coercive steps may be taken by the police strictly in accordance with law.

Order Date :- 5.6.2025

Reena/-

(Ram Manohar Narayan Mishra,J.) (Rajesh Singh Chauhan,J.)