Anil Kumar Singh vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
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Allahabad High Court

Anil Kumar Singh vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 6 June, 2025

Author: Rajesh Singh Chauhan

Bench: Rajesh Singh Chauhan

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:34844-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 4964 of 2025
 

 
Petitioner :- Anil Kumar Singh
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
 
Counsel for Petitioner :- Atulesh Kr. Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajesh Singh Chauhan,J.
 

Hon'ble Ram Manohar Narayan Mishra,J.

1. Heard Sri Atulesh Kumar Singh, learned counsel for the petitioners, Sri G.D. Bhatt, learned A.G.A. appearing for the State/opposite parties and perused the record.

2. Learned counsel for the petitioner has filed supplementary affidavit. Same is taken on record. In the aforesaid supplementary affidavit, criminal history of the petitioner has been explained.

3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 21.05.2025 bearing FIR/Case Crime No. 174/2025, for the offence under Sections 420, 406, 506 IPC, registered at Police Station Mohanlalganj, District Lucknow.

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

6. 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.

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 Satendra Kumar Antil (supra) and Arnesh Kumar (supra).

8. However, It is directed that the petitioner shall appear before the Investigating Officer of the concerned police station on 13.06.2025 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.

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(R.M.N. Mishra, J.) (Rajesh Singh Chauhan, J.)

Order Date :- 6.6.2025

Dhirendra/