Allahabad High Court
/11216/2025 of PAWAN KUMAR TIWARI (IN F.I.R. PAWAN TIWARI) Vs STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS on 27 November 2025
JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11216 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Heard Sri Kailash Nath Mishra, 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. - 11216 of 2025
Court No. - 10
HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
2
Decisions referred to
In this index
2
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. Heard Sri Kailash Nath Mishra, 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.0186/2025, under Sections 248(a), 308(2), 351(3), 352 B.N.S. and Section 66E of the Information Technology Act, 2008, Police Station Utraula, District Balrampur.
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 Versus Counsel for Petitioner(s) : Kailash Nath Mishra, Rahul Mishra Counsel for Respondent(s) : G.A. Pawan Kumar Tiwari (In F.I.R. Pawan Tiwari) .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s)
Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51.
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 11.12.2025 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. November 27, 2025 Saurabh CRLP No. 11216 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench