Umakant Bajpai And Others vs State Of U.P. Thru. Addl. Chief Secy. ...
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Allahabad High Court

Umakant Bajpai And Others vs State Of U.P. Thru. Addl. Chief Secy. ... on 1 September, 2025

Author: Rajesh Singh Chauhan

Bench: Rajesh Singh Chauhan

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:51756-DB
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW  
 
CRIMINAL MISC. WRIT PETITION No. - 7796 of 2025    
 
   Umakant Bajpai And Others    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others    
 
  .....Respondent(s)        
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Yogendra Pratap Singh, Jaibind Singh Rathour   
 
  
 
Counsel for Respondent(s)   
 
:   
 
G.A.   
 
      
 
 Court No. - 9
 
    
 
 HON'BLE RAJESH SINGH CHAUHAN, J.  

HON'BLE SYED QAMAR HASAN RIZVI, J.

1.Heard learned counsel for the petitioners and Sri G.D. Bhatt, learned Additional Government Advocate appearing for the State-opposite parties No.1 & 2 and perused the record.

2.In view of the order proposed to be passed, notice to opposite party no.3 is hereby dispensed with.

3.By means of this writ petition, the petitioners seek issuance of direction in the nature of certiorari for quashing the impugned First Information Report dated 04.08.2025 bearing FIR/Case Crime No.356 of 2025 for the offence punishable under Sections 191(2) 191(3), 132, 121(1), 285 & 352 of Bharatiya Nyaya Sanhita, 2023, Police Station-Lalganj, District-Raebareli, which is contained as Annexure No.1 to the writ petition.

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

5.Learned Additional Government Advocate appearing for State-opposite parties 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 the 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, Special Leave to Appeal (Criminal) No. 5191 of 2021: (2022) 10 SCC 51.

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

8.However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 08.09.2025 at 11:00 AM sharp for the purpose 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.

(Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.)

September 1, 2025

Suresh/