Sakeel Alias Mohd. Shakeel And Others vs State Of U.P. Thru. Secy. Home Deptt. Lko ...
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Allahabad High Court

Sakeel Alias Mohd. Shakeel And Others vs State Of U.P. Thru. Secy. Home Deptt. 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:34764-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 4851 of 2025
 

 
Petitioner :- Sakeel Alias Mohd. Shakeel And Others
 
Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko And Others
 
Counsel for Petitioner :- Gulam Mustafa
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajesh Singh Chauhan,J.
 

Hon'ble Ram Manohar Narayan Mishra,J.

1. Heard Sri Gulam Mustafa, learned counsel for the petitioners, Sri S.P. Singh, learned A.G.A. appearing for the State/opposite parties and perused the record.

2. In view of the proposed order, notice to respondent 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 9.5.2025 bearing FIR/Case Crime No. 258/2025, for the offence under Sections 191(2), 191(3), 109, 308(2), 324(4), 115(2), 310(2), 333, 352, 351(3) of BNS, 2023 registered at Police Station Gangaghat, District Unnao.

4. Sri S.P. Singh, learned AGA has produced copy of instruction letter dated 1.6.2025 provided by Sub Inspector, P.S. Gangaghat, Unnao, same is taken on record. From the aforesaid instructions, Sections 109, 308(2), 310(2) of B.N.S. have been deleted and presently investigation is pending in the sections 191(2), 191(3), 324(4), 115(2), 333, 352, 351(3) of B.N.S.

5. On being asked from learned AGA as to whether in the aforesaid sections, wherein, investigation is pending, punishment is upto seven years. Learned AGA informed that in the aforesaid sections, punishment is upto seven years, thus, 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 petitioners 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, they shall continue to cooperate in the investigation till its completion. Failing which, the protection of this order would not be available to them.

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

Order Date :- 5.6.2025

Dhirendra/