Allahabad High Court
CRLP/12035/2025 of ROSHAN @ ROSHAN ALI AND ANOTHER Vs STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND ANOTHER on 19 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 12035 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE MRS. BABITA RANI, J. 1. Heard Sri Ashutosh Kumar Shukla, learned counsel for the petitioners and learned A.G.A. for the State. 2. This petition seeks issuance of
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 12035 of 2025
Court No. - 10
HON'BLE RAJNISH KUMAR, J.
HON'BLE MRS. BABITA RANI, J.
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1. Heard Sri Ashutosh Kumar Shukla, learned counsel for the petitioners and learned A.G.A. for the State.
2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No.0161/2025, under Sections 318(4), 303(2), 317(2), 112 of B.N.S., 2023, Police Station Madhoganj, District Hardoi.
3. Learned counsel for the petitioners 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 them, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita.
4. Learned A.G.A. appearing for respondents-State 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 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.
5. Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the Versus Counsel for Petitioner(s) : Ashutosh Kumar Shukla Counsel for Respondent(s) : G.A. Roshan @ Roshan Ali And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another .....Respondent(s)
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 Apex Court in re; Arnesh Kumar (supra) and Satender Kumar Antil (supra).
7. However, It is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 09.01.2026 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. December 19, 2025 Akanksha Sri/- CRLP No. 12035 of 2025 2 (Mrs. Babita Rani,J.) (Rajnish Kumar,J.) Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench