Allahabad High Court
Ajay Kumar Shukla (In Fir Pankaj) And ... vs State Of U.P. Thru. Prin. Secy. Home ... on 2 September, 2025
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:52472-DB
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 8010 of 2025
Ajay Kumar Shukla (In Fir Pankaj) And Another
.....Petitioner(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Rajesh Kumar Singh, Vijayendra Prakash Tripathi
Counsel for Respondent(s)
:
G.A.
Court No. - 9
HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard Shri Rajesh Kumar Singh, learned counsel for the petitioners, Shri Brijesh Dwivedi, learned A.G.A. for the State-respondents and perused the material placed on record.
2. In view of the proposed order being passed, notice to respondents No. 4 is hereby dispensed with.
3. This writ petition has been filed with the following main prayers:-
"(i) issue a writ of order or direction in the nature of certiorari thereby quashing the first information report No. 0268/2025 dated 13.08.2025 under Sections 115 (2), 352, 351 (3) of B.N.S. 2023 and 3 (1), (Da), 3 (1) (Dha) & 3 (2) (v) of the SC/ST Act, Police Station Payagpur, District Bahraich."
4. Learned counsel for the petitioners has submitted that the offences as alleged in FIR have maximum punishment for the term having 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 respondent-State has given a statement on behalf of investigating agency that because the offences allegedly committed by the petitioners, entail sentence of less than seven years, the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 are to 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 settled law on the subject and the aforesaid stand of the investigating agency, learned counsel for the petitioners states that 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 cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra).
8. However, the petitioners are directed to 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, the interim protection granted in this order may be withdrawn on an appropriate application being filed by the prosecution or by the complainant.
(Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.)
September 2, 2025
Virendra
