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2025 DAILYLAW 143308 (ALL)

RAMESH CHANDRA VAISHYA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/4935/2025 · 2025-06-23

Kshitij Shailendra, Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36004-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4935 of 2025 Petitioner :- Ramesh Chandra Vaishya Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Kuldeep Pandey Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Supplementary affidavit filed today in Court is taken on recor. 2. Heard learned counsel for the petitioner and learned AGA for the State. 3. Present petition seeks issuance of a writ in the nature of certiorari quashing FIR No.0069 of 2025, dated 15.05.2025, under Section 336(2), 336(3), 340(2) of BNS, P.S. Mandhata, District Pratapgarh. 4. Contention of learned counsel for the petitioner is that the offences alleged are punishable for a term less than seven years and the police is, however, trying to arrest the petitioner which is contrary to the mandate of Section 35(3) of BNSS. 5. In view of the specific directions of the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, present petition is disposed off with direction that the police shall ensure strict compliance of Section 35(3) of BNSS while investigating the case. Order Date :- 23.6.2025 nishant (Kshitij Shailendra,J.) (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench