Neutral Citation No. - 2024:AHC-LKO:67429-DB
Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 7329 of 2024
Petitioner :- Meera Mishra
Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others
Counsel for Petitioner :- Kaushal Kishore Tewari
Counsel for Respondent :- G.A.
Hon'ble Vivek Chaudhary,J.
Hon'ble Narendra Kumar Johari,J.
1. Heard learned counsel for the petitioner, learned A.G.A.
appearing for the State/opposite parties and perused the record.
2. This petition seeks issuance of direction in the nature of
certiorari for quashing the impugned F.I.R. dated 11.07.2024,
bearing Case Crime No.0147 of 2024, for the offence under
Sections 3/7 of Essential Commodities Act, registered at Police
Station Naimisaranya, District Sitapur.
3. 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 (Now Bhartiya Nagrik Surksha Sanhita,
2023).
4. 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) of B.N.S.S., 2023 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.
5. 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.
6. Accordingly, this petition is disposed of in view of the
provisions of Section 35(3) of B.N.S.S., 2023 and the law as
laid down by Apex Court in the case of Arnesh Kumar (supra).
Order Date :- 30.9.2024
Arti/-
[Narendra Kumar Johari,J.] [Vivek Chaudhary,J.]
Digitally signed by :-
ARTI MAURYA
High Court of Judicature at Allahabad,
Lucknow Bench