Smt. Mithlesh And 3 Others v. Ashok Kumar Yadav

Sri Narendra Singh, has filed vakalatnama on behalf of respondent no. 4 today in the Court which is taken on record.

Heard learned counsel for the petitioners, learned A.G.A. for the State, Sri Narendra Singh, learned counsel for the respondent no. 4 and perused the record.

The instant writ petition has been filed by the petitioners with the prayer to quash the impugned F.I.R. dated 03.01.2026 arising out of Case Crime No. 5 of 2026, under Sections 115(2), 352, 351(4), 351(3), 126(2), 110 B.N.S., Police Station - Sen Paschim Para, District - Kanpur Nagar.

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 2 CRLP No. 1679 of 2026 Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Another vide order dated 21.08.2025 be strictly complied with.

In view of the submissions made by learned counsel for the petitioners, matter requires consideration.

Learned counsel for the respondent no. 4 prays for and is granted three weeks time to file counter affidavit.

Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within a week thereafter.

List this case on 07.04.2026.

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 in pursuance of the impugned F.I.R., respondent/ petitioners 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 4, 2026 KS (Achal Sachdev,J.) (Rajiv Gupta,J.)