INDER PREET SINGH v. STATE OF U.P. THRU. SECY. HOME DEPTT. GOVT. OF U.P. LKO. AND 3 OTHERS
CRLP/1550/2025 · 2025-02-20
S Q H Rizvi, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124925 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124925 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11118-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1550 of 2025 Petitioner :- Inder Preet Singh Respondent :- State Of U.P. Thru. Secy. Home Deptt. Govt. Of U.P. Lko. And 3 Others Counsel for Petitioner :- Alok Kumar Singh Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary, J. Hon'ble Syed Qamar Hasan Rizvi, J.
1. Heard learned counsel for the petitioner, learned A.G.A. appearing for the State-opposite parties and perused the record.
2. This writ petition seeks issuance of direction in the nature of Certiorari for quashing the impugned F.I.R. dated 03.02.2025 bearing No.0089 of 2025 for the offences under Sections 318(4) of Bharatiya Nyaya Sanhita, 2023 registered at Police Station Kotwali Sadar, District Kheri.
3. 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 the petitioner, which is against the mandates of Bharatiya Nagarik Suraksha Sanhita, 2023.
4. Learned AGA appearing for the State/opposite parties has given a statement on behalf of investigating agency that because the offences allegedly committed by the petitioners entail sentence of less than seven years, provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 shall be strictly followed in terms of the judgment rendered by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar and another, reported in (2014) 8 SCC 273.
5. 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.
6. Accordingly, this petition is disposed of in view of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and the law as laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar (supra). . (Syed Qamar Hasan Rizvi, J.) (Vivek Chaudhary, J.) Order Date :- 20.2.2025 dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench