Premnath v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9641 of 2024 Petitioner :- Premnath Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Anjani Kumar Dvivedi Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned counsel for the petitioner, learned A.G.A. appearing for the State/opposite parties and perused the record.

¶2This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 05.12.2024, bearing Case Crime No.0315 of 2024, for the offence under Sections 74 of B.N.S. of 2023, registered at Police Station Baldirai, District Sultanpur.

¶3Learned 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).

¶4Additional 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.

¶5Considering 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.

¶6Accordingly, 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 :- 18.12.2024 Arti/- [Om Prakash Shukla,J.] [Vivek Chaudhary,J.] High Court of Judicature at Allahabad, Lucknow Bench