SURYAKALI AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/4734/2025 · 2025-06-03
Rajesh Singh Chauhan, Ram Manohar Narayan Mishra
body2025
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[ 2025 DAILYLAW 143002 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143002 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34378-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4734 of 2025 Petitioner :- Suryakali And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Ramakar Shukla Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Ram Manohar Narayan Mishra,J. Sri Vinod Kumar Tiwari, advocate, filed Vakalatnama on behalf of informant, which is taken on record. Heard Sri Ramakar Shukla, learned counsel for the petitioners,
learned counsel for the informant, Sri Dinesh Singh Rana, learned AGA for the State and perused the record. By means of this writ petition the petitioners have assailed the impugned FIR dated 20.5.2025 bearing FIR No. 175 of 2025, under sections 306, 331(4) B.N.S., Police Station Jaisinghpur, District Sultanpur.
Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case as they have not committed any offence. Learned AGA has produced a copy of instruction letter dated 2.6.2026 provided by SHO of concerning police station apprising that instead of those sections, wherein, FIR was lodged against the petitioners, now investigation is going on only under section 324(4) B.N.S.
Learned counsel for the petitioners, therefore, submitted that in the aforesaid section, punishment is upto 02 years only. In view of the aforesaid facts, since the punishment provided for under section 324(4) B.N.S. is only 02 years, therefore, there is no apprehension of arrest of the present petitioners in view of the dictum of Hon'ble Apex Court rendering in the case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another and (2022) 10 SCC 51, Satender Kumar Antil vs. CBI and another.
Accordingly, the writ petition is disposed off finally at the admission stage directing the petitioners to cooperate in the investigation and the investigating agency shall be abide by the direction of Hon'ble Apex Court rendered in Arnesh Kumar (supra) and Satender Kumar Antil (supra). It is needless to say that in case, the petitioners did not cooperate in the investigation properly, appropriate coercive steps may be taken against them. It is also needless to say that during investigation, any other sections are added, the petitioners may approach the appropriate court of law. . (R.M.N. Mishra, J.) (Rajesh Singh Chauhan, J.)
Order Date :- 3.6.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench