HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7708 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Prashant Vikram Singh, Advocate holding brief of Sri Man Singh Chauhan, learned counsel for the petitioners, Sri Vipul Kumar Singh, learned State Law Officer for the State-respondents and perused the material placed on record. 2. In view of the proposed order being passed, notice to respondents No. 4 is hereby dispensed with. 3. By means of this petition, the petitioners have assailed the impugned FIR bearing Case Crime No. 0091 of 2025, under Sections 131, 352, 351(3), 329(3) BNS, Police Station Rampur Kalan, District Sitapur. 4. Learned State Law Officer appearing on behalf of the State-respondent has shown the copy of the charge sheet dated 16.05.2025, whereby the charge sheet has been filed against the petitioner nos. 2, 3 and 4, however, the investigation against the petitioner no. 1 is still pending. 5. Since the FIR has been lodged under those sections wherein the punishment is less than seven years and if the charge sheet has been filed against the petitioner nos. 2, 3 and 4 under those sections wherein the punishment is less than seven years, then the petitioners are entitled to get the benefit of dictum of Hon'ble Apex Court in Re: Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273, and Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51. Besides, Hon'ble Apex Court has held in Re: Aman Preet Singh Vs. CBI through Director passed in Criminal Appeal No.929/2021 decided on 02.09.2021 reported in 2021 SCC Online 941 and Versus Counsel for Petitioner(s) : Dharmendra Kumar Singh, Mansingh Chauhan Counsel for Respondent(s) : G.A. Sonam Verma And 3 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Home And 3 Others .....Respondent(s) Siddharth Versus State of Uttar Pradesh and Another, passed in Criminal Appeal No. 838 of 2021 (arising out of SLP (Crl.) No. 5442/2021), to the effect that even if the charge sheet is filed against the accused persons, they may not be taken into judicial custody unless the trial Court has got any cogent reason to pass such order. In the present case, since the charge sheet has been filed under those sections, wherein the punishment is up to seven years, as such, the petitioners are entitled to get the benefit of the aforesaid judgments of the Hon'ble Apex Court. Therefore, without entering into the merits of the issue, we hereby dispose of this writ petition at the admission stage giving liberty to the petitioner no. 1 to cooperate in the investigation, if the investigation is not completed as yet, so far as the allegation against the petitioner no. 1 is concerned. Further the other petitioners may file an appropriate application before the competent Court of law, if they are aggrieved from the charge sheet. In any case, the petitioners may not be harassed unnecessarily in view of the dictum of the Hon'ble Apex Court as referred above, in as much as, the dictum of Hon'ble Apex Court are the law of the land and the all concerned are duty bound to follow the dictum of Hon'ble Apex Court. September 16, 2025 Arun CRLP No. 7708 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench