Allahabad High Court
CRLP/12127/2025 of PUSHPENDRA KUMAR @ PUSHPENDRA SINGH Vs STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS on 19 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 12127 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE MRS. BABITA RANI, J. 1. Heard Sri Virendra Kumar Gauram, learned counsel for the petitioner and learned A.G.A. for the State. 2. In view of proposed order, notice to
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 12127 of 2025
Court No. - 10
HON'BLE RAJNISH KUMAR, J.
HON'BLE MRS. BABITA RANI, J.
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1. Heard Sri Virendra Kumar Gauram, 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.0554/2025, under Sections 316(2) and 351(2) of BNS, 2023 read with Section 406 and 506 IPC, 1860, Police Station Sandi, District Hardoi.
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 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, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51. Versus Counsel for Petitioner(s) : Virendra Kumar Gautam, Arvind Kumar Gautam, Sanghmittra Rawat Counsel for Respondent(s) : G.A. Pushpendra Kumar @ Pushpendra Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others .....Respondent(s)
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 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 12.01.2026 at 11:00 AM sharp for the purpose to cooperate in the investigation. 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. 12127 of 2025 2 (Mrs. Babita Rani,J.) (Rajnish Kumar,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench