Allahabad High Court
Mohd. Raish vs State Of U.P. Thru. Prin. Secy. Home And 3 ... on 10 September, 2025
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:54803-DB
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 8572 of 2025
Mohd. Raish
.....Petitioner(s)
Versus
State Of U.P. Thru. Prin. Secy. Home And 3 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Dinesh Kumar Ojha
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, 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 respondent No. 4 is hereby dispensed with.
3. This writ petition has been filed with the following main prayers:-
"(i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report dated 22.08.2025 lodged by opposite party no. 4 registered in Case Crime No. 288 of 2025 U/s 316(3) and 318(4) of the B.N.S. 2023 At Police Station-Gauriganj, District Amethi, it relates to the petitioner, which is contained as annexure no. 1 with this writ petition.
(ii) Issue any other writ, order or direction in the nature of mandamus commanding directing the opp. parties not to arrest the petitioner in pursuance of impugned First Information Report dated 22.08.2025 lodged by opposite party no. 4in Case Crime No. 288 of 2025 U/s 316(3) and 318(4) of the B.N.S. 2023 At Police Station-Gauriganj, District Amethi it relates to the petitioner, which is contained as annexure no. 1 with this writ petition."
4. Learned counsel for the petitioner 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 him, 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 petitioner, 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 petitioner 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 petitioner is directed to appear before the Investigating Officer of the concerned police station on 16.09.2025 at 11.00 AM sharp to cooperate in the investigation. Thereafter, he 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 10, 2025
Abhishek Gupta
