HAROON v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS
Court: Allahabad High Court
Bench: VIVEK CHAUDHARY,OM PRAKASH SHUKLA
Judgment date:
Case summary
Allahabad High Court judgment dated 2024-12-03. HAROON v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS. Read the judgment and case details on...
Judgment text
Neutral Citation No. - 2024:AHC-LKO:79991-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9107 of 2024 Petitioner :- Haroon Respondent :- State Of U. P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Mohd. Salman,Ana Fatma,Mukhtar Ahamad Counsel for Respondent :- G. A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,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 21. 11. 2024, bearing F. I. R. /Case Crime No. 0376 of 2024, under Sections 115(2), 352, 351(3), 110 B. N. S. , Police Station Sandila, District Hardoi. 3. Learned counsel for the petitioner 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 him, which is against the mandates of Code of Criminal Procedure. 4. Learned 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. 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 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 :- 3. 12. 2024 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench
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