Jai Bhagwan Sharma And 2 Others v. Satish Kumar Pandey
Case at a glance
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 191(2), 308(2), 333, 351(2), 352
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 35
Judgment
Heard learned counsel for the petitioners, learned AGA for the State and perused the record.
The instant writ petition has been filed by the petitioners with the prayer to quash the impugned FIR dated 3.1.2026 arising out of Case Crime No. 0003 of 2026, under Sections 191(2), 308(2), 352, 351(2), 333 of BNS, 2023, Police Station-Sihani Gate, District-Ghaziabad.
Learned counsel for the petitioners has submitted that from the allegations made 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 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 2 CRLP No. 6035 of 2026 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 notice to respondent no. 3 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 6.7.2026.
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 the 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. April 6, 2026 KU (Dr. Ajay Kumar-II,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.