Neelam Devi And And Another vs State Of U.P. Thru. Prin. Secy. Home, ...
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Allahabad High Court

Neelam Devi And And Another vs State Of U.P. Thru. Prin. Secy. Home, ... on 10 October, 2025

Author: Abdul Moin

Bench: Abdul Moin, Pramod Kumar Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:62832-DB
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
CRIMINAL MISC. WRIT PETITION No. - 9216 of 2025   
 
   Neelam Devi And And Another    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home, Lko. And Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Prince Singh   
 
  
 
Counsel for Respondent(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 11
 
   
 
 HON'BLE ABDUL MOIN, J.  

HON'BLE PRAMOD KUMAR SRIVASTAVA, J.

Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents no.1 to 3.

In view of proposed order, notice to opposite party no.4 is hereby dispensed with.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No. 0265 of 2025, under Section- 115(2), 352, 351(3) of BNS, Police Station- Mohanlalganj, District- Lucknow.

Learned counsel for the petitioners has submitted that the offences as alleged in FIR carry maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita.

Learned A.G.A. appearing for respondents-State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgments rendered by Hon'ble Supreme Court in re; Arnesh Kumar vs. State of Bihar and another - (2014) 8 SCC 273 and Satender Kumar Antil vs. CBI and another- (2022) 10 SCC 51.

Considering the stand of the investigating agency, learned counsel for the petitioners states that his petition be disposed of in view of the above said facts.

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 the Apex Court in re; Arnesh Kumar (supra) and Satender Kumar Antil (supra).

However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station whenever they are required to cooperate in the investigation. Thereafter, they shall continue to cooperate in the investigation till its completion, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant.

(Pramod Kumar Srivastava,J.) (Abdul Moin,J.)

October 10, 2025

Haseen U.