Mohammad Salim @ Sallu and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9688 of 2024 Petitioner :- Mohammad Salim @ Sallu And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Syed Mohammad Abid,Nitin Singh,Shubham Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

¶1Vakalatnama filed on behalf of opposite party no.4 by Shri Krishna Gopal, Advocate, is taken on record.

¶2Heard.

¶3This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 03.12.2024 registered as F.I.R./Case Crime No.0827 of 2024, under Sections 333, 351 (2), 61 of Bharatiya Nyaya Sanhita, 2023

(BNS), Police Station Dewa, District Barabanki.

¶4Learned counsel for the petitioners has submitted that the offences as alleged in F.I.R. have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandates of Code of Criminal Procedure.

¶5Learned 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (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.

¶6Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts.

¶7Accordingly, this petition is disposed of in view of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). . (Om Prakash Shukla, J.) (Vivek Chaudhary, J.) Order Date :- 18.12.2024 Ajit High Court of Judicature at Allahabad, Lucknow Bench