Neutral Citation No. - 2024:AHC-LKO:52246-DB
Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 5457 of 2024
Petitioner :- Aakash
Respondent :- State Of U.P Thru. Prin. Secy. Home Lko. And
Others
Counsel for Petitioner :- Krishna Gopal
Counsel for Respondent :- G.A.
Hon'ble Vivek Chaudhary,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner, learned A.G.A. appearing
for the State/opposite parties and perused the record.
This petition seeks issuance of direction in the nature of certiorari
for quashing the impugned F.I.R. dated 3.7.2024, bearing Case
Crime No.403/2024, for the offence under Sections 316(2), 115,
352, 125 of B.N.S., registered at Police Station Ram Nagar, District
Barabanki.
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
him, which is against the mandates of Code of Criminal Procedure.
Additional Government Advocate appearing for respondent State
has given a statement on behalf of investigating agency that
because the offence allegedly committed by the petitioner, entails
sentence of less than seven years, provisions of Section 35(3)
BNSS shall be strictly followed in terms of judgment rendered by
Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC
273: Arnesh Kumar vs. State of Bihar and another.
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.
Accordingly, this petition is disposed of in view of the provisions of
Section 35(3) BNSS and the law as laid down by Apex Court in the
case of Arnesh Kumar (supra).
.
(Narendra Kumar Johari, J.) (Vivek Chaudhary,J.)
Order Date :- 31.7.2024
AKK
Digitally signed by :-
AMIT KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench