Allahabad High Court
CRLP/12109/2025 of HIMANSHU SRIVASTAVA (IN FIR DR. HIMANSHU SRIVASTAVA) Vs STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS on 19 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 12109 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. In view of proposed order, notice to opposite party no.4 is
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 12109 of 2025
Court No. - 10
HON'BLE RAJNISH KUMAR, J.
HON'BLE MRS. BABITA RANI, J.
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1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. In view of 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. bearing FIR/Case Crime No. 1009 of 2025, under Sections 304A, 120B of IPC, Police Station- Kotwali, District- Unnao.
4. Learned counsel for the petitioner has submitted that the offences as alleged in FIR carry maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita.
5. 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 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 re; Arnesh Kumar vs. State of Bihar and another - (2014) 8 SCC 273 and Satender Kumar Antil vs. CBI and another- (2022) 10 SCC 51. Versus Counsel for Petitioner(s) : Pradyumn Shukla Counsel for Respondent(s) : G.A. Himanshu Srivastava (In Fir Dr. Himanshu Srivastava) .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And Others .....Respondent(s)
6. Considering the stand of the investigating agency, learned counsel for the petitioner states that his 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 the Apex Court in re; 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 13.01.2026 at 11:00 a.m. sharp. Thereafter, he 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 AKK CRLP No. 12109 of 2025 2 (Mrs. Babita Rani,J.) (Rajnish Kumar,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench