AMRESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
Court: Allahabad High Court
Bench: VIVEK CHAUDHARY,OM PRAKASH SHUKLA
Judgment date:
Case summary
Allahabad High Court judgment dated 2024-11-28. AMRESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS. Read the judgment and case details...
Judgment text
Neutral Citation No. - 2024:AHC-LKO:79080-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8725 of 2024 Petitioner :- Amresh Kumar Respondent :- State Of U. P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Ram Karan Counsel for Respondent :- G. A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,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 09. 11. 2024 bearing FIR/Case Crime No. 0363/2024, for the offence under Sections 351(2) & 352 of Bhartiya Nayay Sanhita (BNS), 2023, registered at Police Station Kursi, 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 the petitioner, 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) Bhartiya Nagrik Suraksha Sanhita, 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. 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) Bhartiya Nagrik Suraksha Sanhita, 2023, and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). Order Date :- 28. 11. 2024 Reena/- (Om Prakash Shukla,J. ) (Vivek Chaudhary,J. ) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench
Source: Allahabad High Court. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.