Gomti & Ors. v. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko & Ors.
Case at a glance
- Bench
- RAJESH SINGH CHAUHAN, SYED QAMAR HASAN RIZVI
Outcome
Disposed of
Accordingly, this petition is disposed of in view of the provisions
Provisions considered
- Bharatiya Nyaya Sanhita, 2023
- Indian Forest Act, 1927 s. 26
- Wild Life Protection Act, 1972 ss. 27, 29, 31, 51
Key paragraphs
- Para 55. Considering the settled law on the subject and the aforesaid stand of the investigating agency, learned counsel for the petitioners states that this petition be disposed of in view of the above said facts.
- Para 66. Accordingly, this petition is disposed of in view of the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023, and the law as laid down by Apex Court in the cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra).
Judgment
impugned First Information Report dated 07.08.2025 registered as Case Crime No. 0106/2025, Under Section 303(2) 317(2), 351(3) BNS and under section 26 of Indian Forest Act 1927 and under section 27, 29 and 31 and 51 of Wild Life Protection Act 1972 Police Station Harriaya, District- Balrampur, contained as Annexure No. 1 to this writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no. 2 & 3 not to arrest the petitioner in Case Crime No. 0106/2025, Under Section 303(2) 317(2), 351(3) BNS and under section 26 of Indian Forest Act 1927 and under section 27, 29 and 31 and 51 of Wild Life Protection Act 1972 Police Station-Harriaya District- Balrampur. "
Learned counsel for the petitioners has submitted that the offences as alleged in FIR have maximum punishment for the term having less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandates of Bhartiya Nagrik 2 CRLP No. 7638 of 2025 Suraksha Sanhita.
Learned Additional Government Advocate appearing respondent-State has given a statement on behalf of investigating agency that because the offences allegedly committed by the petitioners, entail sentence of less than seven years, the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 are to be strictly followed in terms of judgments rendered by the Hon'ble Supreme Court in re; Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273, and Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51.
Considering the settled law on the subject and the aforesaid stand of the investigating agency, learned counsel for the petitioners states that this petition be disposed of in view of the above said facts.
Operative part
Accordingly, this petition is disposed of in view of the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023, and the law as laid down by Apex Court in the cases of Arnesh Kumar (supra) and Satender Kumar Antil (supra).
However, the petitioners are directed to appear before the Investigating Officer of the concerned police station on 01.09.2025 at 11.00 AM sharp for the purpose to cooperate in the investigation. Thereafter, they shall continue to cooperate in the investigation till its completion, failing which, the interim protection granted in this order may be withdrawn on an appropriate application being filed by the prosecution or by the complainant. August 25, 2025 Abhishek Gupta (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this petition is disposed of in view of the provisions
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023; Indian Forest Act, 1927 — s. 26; Wild Life Protection Act, 1972 — ss. 27, 29, 31, 51.
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.