Harish Gulla vs State Of U.P. Thru. Prin. Secy. Home Lko ...
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Allahabad High Court

Harish Gulla vs State Of U.P. Thru. Prin. Secy. Home Lko ... 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:52493-DB
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
CRIMINAL MISC. WRIT PETITION No. - 7998 of 2025   
 
   Harish Gulla    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Arun Sinha, Ram Chandra Singh, Umang Agarwal, Vineesh Bhalla   
 
  
 
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 petitioner and learned A.G.A. appearing for the State/opposite parties and perused the record.

2. In view of the proposed order notice to opposite party 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 20.3.2025 bearing FIR/Case Crime No. 187 of 2025., for the offence under Section 420, 406 IPC, P.S. Sushant Golf City, District Lucknow.

4. Learned counsel for the petitioner has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandates of IPC / Bhartiya Nayay Sanhita (BNS), 2023.

5. Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioner, entails sentence of less than seven years, provisions of Section 41A IPC / 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, 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 petitioner 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 41A IPC / 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023, and the law as laid down by Apex Court in the case of Arnesh Kumar (supra) and Satender Kumar Antil (supra).

8. However, It is directed that the petitioner shall appear before the Investigating Officer of the concerned police station on 09.09.2025 at 11.00 a.m. sharp for the purpose to cooperate in the investigation. Thereafter, he shall continue to cooperate in the investigation till its completion, failing which, the protection of this order would be withdrawn on the application being moved by the prosecution or the complainant.

.

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

September 2, 2025

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