Gulabchandra Choudhary @ Gulabchandra v. State Of U.P. And 3 Others
Case at a glance
- Bench
- RAJIV GUPTA
Provisions considered
Judgment
The instant writ petition has been filed by the petitioner with the prayer to quash the impugned FIR dated 24.3.2026, arising out of Case Crime No. 71 of 2026, under Sections 420, 504, 506 of BNS., Police Station Harraiya, District Basti.
Learned counsel for the petitioner has submitted that from the allegations made in the impugned FIR, no offence whatsoever is disclosed against the petitioner and as such, the impugned FIR is liable to be quashed.
Learned counsel for the petitioner 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 petitioner in pursuance of the impugned FIR, respondent/ the specific provisions authorities shall ensure contained in Section 35 of BNSS and the guidelines issued by the Hon’ble Apex Court in the case of Arnesh 2 CRLP No. 7925 of 2026 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.
In view of the submissions made by learned counsel for the petitioner, matter requires consideration.
Issue notice 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 20.7.2026.
In the meantime, since all the offences, on the basis of which, impugned FIR has been registered are punishable with the term up to 7 years, therefore, in case of effecting the arrest of the petitioner 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 20, 2026 R (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.