Suresh And 6 Others v. Somdev Dixit
Case at a glance
- Bench
- RAJIV GUPTA, ACHAL SACHDEV
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 115(2), 191(2), 324(4), 351(2), 352
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 35
Judgment
The instant writ petition has been filed by the petitioners with the prayer to quash the impugned F.I.R. dated 08.01.2026 arising out of Case Crime No. 3 of 2026, under Sections 191(2), 115(2), 352, 351(2), 324(4) B.N.S., Police Station - Basai Mohammadpur, District - Firozabad.
Learned counsel for the petitioners has submitted that from the allegations made in the impugned F.I.R., no offence whatsoever is disclosed against the petitioners and as such, the impugned F.I.R. is liable to be quashed.
Learned counsel for the petitioners has further submitted that on the careful perusal of the impugned F.I.R., it is evident that all the sections, under which, the impugned F.I.R. has been registered, are punishable with the term upto 7 years, therefore, in case of effecting the arrest of the petitioners in pursuance of the impugned F.I.R., respondent/ authorities shall ensure that the specific provisions contained in Section 35 of B.N.S.S. and the guidelines issued by the Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 and further directions issued by the Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Another vide order dated 21.01.2025 be strictly complied with. 2 CRLP No. 1338 of 2026
In view of the submissions made by learned counsel for the petitioners, matter requires consideration.
Issue notice to respondent no. 3 returnable within four weeks. Steps be taken within a week.
Learned A.G.A. may also file counter affidavit within the said period. Rejoinder affidavit, if any, may be filed within one week thereafter.
List this case on 10.04.2026.
In the meantime, since all the offences, on the basis of which, the impugned F.I.R. has been registered are punishable with the term upto 7 years, therefore, in case of effecting the arrest of the petitioners in pursuance of the impugned F.I.R., respondent/ authorities shall ensure that the specific provisions contained in Section 35 of B.N.S.S. and the guidelines issued by the Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 and further directions issued by the Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Another vide order dated 21.01.2025 be strictly complied with. February 9, 2026 KS (Achal Sachdev,J.) (Rajiv Gupta,J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.