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2025 DAILYLAW 103840 (ALL)

BHUPENDRA SINGH AND 7 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/22817/2025 · 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. - 22817 of 2025 Court No. - 45 HON'BLE RAJIV GUPTA, J. HON'BLE DEVENDRA SINGH-I, J. 1. Heard learned counsel for the petitioners, learned AGA for the State and perused the record. 2. Although, the prayer made in this writ petition is to quash the FIR dated 19.08.2025 arising out of Case Crime No.237 of 2025, under Sections 85, 115(2), 351(2), 352 of B.N.S. and 3/4 of D.P. Act, Police Station- Achhnera, District- Agra, 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 its several decisions. 3. In view of the submissions made and 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 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 Versus Counsel for Petitioner(s) : Ashish Goyal Counsel for Respondent(s) : G.A. Bhupendra Singh And 7 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 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. 4. With the aforesaid observations, the instant writ petition stands disposed of. October 7, 2025 Ashutosh CRLP No. 22817 of 2025 2 (Devendra Singh-I, J.) (Rajiv Gupta, J.) Digitally signed by :- ASHUTOSH SINGH High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH SINGH High Court of Judicature at Allahabad