Shiv Bahadur Yadav vs State Of U.P. Thru. Prin. Secy. Home ...
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Allahabad High Court

Shiv Bahadur Yadav vs State Of U.P. Thru. Prin. Secy. Home ... on 4 June, 2025

Author: Rajesh Singh Chauhan

Bench: Rajesh Singh Chauhan

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:34564-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3971 of 2025
 

 
Petitioner :- Shiv Bahadur Yadav
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others
 
Counsel for Petitioner :- Salik Ram Yadav,Amol Dixit
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajesh Singh Chauhan,J.
 

Hon'ble Ram Manohar Narayan Mishra,J.

1. Heard learned counsel for the petitioner, 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 2.1.2025 bearing FIR/Case Crime No. 0005/2025, for the offence under Sections 316(5) of BNS, 2023, registered at Police Station Hydergarh, District Barabanki.

3. 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.

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 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.

5. 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.

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

7. However, It is directed that the petitioner shall appear before the Investigating Officer of the concerned police station on 11.06.2025 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.

.

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

Order Date :- 4.6.2025

Dhirendra/