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2025 DAILYLAW 103688 (ALL)

NITESH AND 4 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/22823/2025 · 2025-10-06

Devendra Singh I, Rajiv Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22823 of 2025 Court No. - 45 HON'BLE RAJIV GUPTA, J. HON'BLE DEVENDRA SINGH-I, J. 1. Sri Pramod Kumar Singh, Advocate, has filed vakalatnama on behalf of respondent No.3, which is taken on record. 2. Heard learned counsel for the petitioners, learned AGA for the State, Sri Pramod Kumar Singh, learned counsel for the respondent No.3 and perused the record. 3. Although, the prayer made in this writ petition is to quash the FIR dated 30.08.2025 arising out of Case Crime No. 0040 of 2025, under Sections 85, 115(2), 351(2), 75 of B.N.S., 2023 and 3/4 D.P. Act, Police Station- Mahila Thana, District- Bulandshahr but when the matter has been taken up, learned counsel for the petitioners has submitted that all the offences, complained of, are punishable up to seven years and therefore, before effecting the arrest of the petitioners, specific provisions contained in Section 35 of Bharatiya Nagarik Suraksha Sanhita be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments. 4. However, considering the fact that all the offences, complained of in the impugned FIR, are punishable with a term up to 7 years, therefore, in case of effecting the arrest of the petitioners in pursuance of the impugned FIR, it is directed that the respondents/ authorities shall ensure that the specific provisions contained in Section 35 of Bharatiya Nagarik Suraksha Sanhita and the guidelines issued by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC Versus Counsel for Petitioner(s) : Rajesh Kumar Pandey Counsel for Respondent(s) : Pramod Kumar Singh, G.A. Nitesh And 4 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 273 as well as the directions issued in judgement and order dated 28.01.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3 Others Vs. State of U.P. and 3 Others) reported in 2021 (2) ACR 1147 and further directions issued by the Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Another vide order dated 21.01.2025 be strictly complied with. 5. With the aforesaid observations, the instant writ petition stands disposed of. October 7, 2025 ADY CRLP No. 22823 of 2025 2 (Devendra Singh-I,J.) (Rajiv Gupta,J.) Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad