Suresh Chand & Anr. v. State Of U.P. And 3 Others
Case at a glance
- Bench
- RAJIV GUPTA, TARUN SAXENA
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 61(2), 115(2), 318(4), 329(3), 351(2)
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 35
Judgment
prayer to quash the impugned FIR dated 23.11.2025, arising out of Case Crime No. 0603 of 2025, under Sections 318(4), 61(2), 115(2), 351(2), 329(3) of B.N.S., 2023, Police Station Goverdhan, District Mathura.
Learned counsel for the petitioners has submitted that from the allegations made in the impugned FIR, no offence whatsoever is disclosed against the petitioners and as such, the impugned FIR is liable to be quashed.
Learned counsel for the petitioners has further submitted that on the careful perusal of the impugned FIR, it is evident that all the sections, under which, the impugned FIR has been registered, are punishable with the term up to 7 years, therefore, in case of effecting the arrest of the petitioners in pursuance of the impugned FIR, respondent/ authorities shall ensure the specific provisions contained in Section 35 of BNSS 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 2 CRLP No. 3916 of 2026 Satender Kumar Antil Vs. Central Bureau of Investigating and Another vide orders dated 21.01.2025 and 15.01.2026 be strictly complied with.
In view of the submissions made by learned counsel for the petitioners, matter requires consideration.
Issue notices to respondent no.4 returnable within four weeks. Steps be taken within a week.
Learned AGA may also file counter affidavit within the same period.
List this case on 01.05.2026.
In the meantime, since all the offences, on the basis of which, the impugned FIR has been registered are punishable with the term up to 7 years, therefore, in case of effecting the arrest of the petitioners in pursuance of impugned FIR, respondent/ authorities shall ensure that the specific provisions contained in Section 35 of BNSS 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 Investigating and Another vide orders dated 21.01 .2025 and 15.01.2026 be strictly complied with. February 27, 2026 Nadim (Tarun Saxena,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.