Allahabad High Court
CRLP/11787/2025 of RAVI BHUSHAN SINGH AND OTHERS Vs STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. U.P. LKO. AND OTHERS on 18 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11787 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Vakalatnama filed by Sri Amit Jaiswal on behalf of opposite party no. 4 today is taken on record. 2. Heard learned counsel for the petitioners,
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 11787 of 2025
Court No. - 11
HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
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1. Vakalatnama filed by Sri Amit Jaiswal on behalf of opposite party no. 4 today is taken on record.
2. Heard learned counsel for the petitioners, Sri Amit Jaiswal, learned counsel for the opposite party no. 4 and learned A.G.A. for the State.
3. In view of proposed order, notice to opposite party no.4 is hereby dispensed with.
4. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No. 0409 of 2025, under Sections 85, 115(2), 352, 351(3) and 79 of BNS, 2023 and Section 3/4 of Dowry Prohibition Act, 1961, Police Station- Sarojini Nagar, District- Lucknow.
5. Learned counsel for the petitioners 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 them, which is against the mandate of Bhartiya Nagrik Suraksha Sanhita.
6. 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 Versus Counsel for Petitioner(s) : Giriraj Prajapati, Ashwini Pathak, Vineet Kumar Counsel for Respondent(s) : G.A. Ravi Bhushan Singh And Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. And Others .....Respondent(s)
SCC 273 and Satender Kumar Antil vs. CBI and another- (2022) 10 SCC 51.
7. Considering the stand of the investigating agency, learned counsel for the petitioners states that his petition be disposed of in view of the above said facts.
8. 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).
9. However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station whenever they are required 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 18, 2025 AKK CRLP No. 11787 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench