Neelam Gupta vs State Of U.P. Thru. Prin. Secy. Home ...
2025 Latest Caselaw 10320 ALL

Allahabad High Court

Neelam Gupta vs State Of U.P. Thru. Prin. Secy. Home ... on 9 September, 2025

Author: Rajnish Kumar

Bench: Rajnish Kumar, Rajeev Singh

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:54079-DB
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
CRIMINAL MISC. WRIT PETITION No. - 8218 of 2025   
 
   Neelam Gupta    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Amit Kumar Awasthi, Vineet Jaiswal   
 
  
 
Counsel for Respondent(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 10
 
   
 
 HON'BLE RAJNISH KUMAR, J.  

HON'BLE RAJEEV SINGH, J.

1. Heard Shri Amit Kumar Awasthi, learned counsel for the petitioner and learned A.G.A. appearing for the State.

2. This petition seeks issuance of direction in the nature of certiorari for quashing the F.I.R. No. 252 of 2025, under Section 3/7 E.C. Act, Police Station Baskhari, District Ambedkar Nagar.

3. Learned counsel for the petitioner submits that the offences, as alleged in the F.I.R., have maximum punishment for the term less than seven years imprisonment, whereas the police is trying to arrest her, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita.

4. Learned A.G.A. appearing for respondents-State gives a statement on behalf of the Investigating Agency that because the offence, allegedly committed by the petitioner, 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 the cases of 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.

5. Considering the stand of the Investigating Agency, learned counsel for the petitioner submits that this petition may be disposed of in view of the above said facts.

6. 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 Hon'ble Apex Court in the cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra).

7. However, it is directed that the petitioner shall appear before the Investigating Officer of the concerned police station on 26.09.2025 at 11:00 AM sharp for the purpose to cooperate in the investigation. Thereafter, she 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.

(Rajeev Singh,J.) (Rajnish Kumar,J.)

September 9, 2025

VKS