CHANDA AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND OTHERS
CRLP/5447/2025 · 2025-06-23
Kshitij Shailendra, Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147472 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147472 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36089-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5447 of 2025 Petitioner :- Chanda And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Others Counsel for Petitioner :- Rajendra Prasad Lodhi Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the petitioner and learned AGA for the State.
2. Learned counsel for the petitioner prays for and is permitted to correct the typographical error in the prayer clause during the course of the day.
3. Present petition seeks issuance of a writ in the nature of certiorari quashing FIR No.274 of 2025, dated 12.06.2025, under Section 115(2), 352, 351(3) BNS and Sections 3(1)(Da), 3(1)(Dha) and 3(2)(Va) SC/ST Act, P.S. Kherighat, District Bahraich.
3. 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.
4. 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 J. K. Dinkar (Kshitij Shailendra,J.) (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench