Ankit Yadav vs State Of U.P. And 3 Others
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Allahabad High Court

Ankit Yadav vs State Of U.P. And 3 Others on 26 June, 2025

Author: Jayant Banerji

Bench: Jayant Banerji

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:100075-DB
 
Court No. - 64
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13450 of 2025
 

 
Petitioner :- Ankit Yadav
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Pramod Kumar,Ram Shiromani Shukla
 
Counsel for Respondent :- G.A.,Lal Prabhakar Singh
 

 
Hon'ble Jayant Banerji,J.
 

Hon'ble Madan Pal Singh,J.

1. The sole point being urged by learned counsel for the petitioner is that the allegations in the FIR relate to offences in which the maximum punishment does not exceed seven years of imprisonment and therefore, given the judgment of the Supreme Court in the Arnesh Kumar Vs. State of Bihar and another reported in (2014) 8 SCC 273, the police be restrained from arresting the petitioner.

2. Shri Lal Prabhakar Singh, learned counsel appearing for the private-respondents/complainant states that now the police have added Section 109 of the B.N.S. and therefore, the benefit of the judgment in Arnesh Kumar would not enure to the petitioner.

3. As far as the judgment of the Supreme Court in the case of Arnesh Kumar is concerned, it is the law of the land and mandate issued to all concerned, and is a mandate for due compliance by the police authorities, therefore, no writ of mandamus is required to be issued in this regard. As far as the interference being sought in this petition, given the allegations made in the FIR and the objections of the learned counsel appearing for the respondent no. 4 as well as the learned A.G.A., no interference is called for in this petition. It is for the petitioner to move appropriate application seeking bail before the appropriate court.

4. This petition is, accordingly, dismissed.

Order Date :- 26.6.2025

A. V. Singh

(Madan Pal Singh, J.) (Jayant Banerji, J.)