Babadeen And 2 Others v. State Of U.P. Home Deptt. Thru. Its Secy. Lko
Case at a glance
- Bench
- RAJNISH KUMAR, RAJEEV SINGH
Outcome
Disposed of
Accordingly, this petition is disposed of in view of the provisions of
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 331(3), 351(3)
Key paragraphs
- Para 66. Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts.
- Para 77. Accordingly, this petition is disposed of in view of the provisions of 2 CRLP No. 8493 of 2025 Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 and the law as laid down by the Apex Court in re; Arnesh Kumar (supra) and Satender Kumar Antil…
Judgment
: Ramesh Kumar Srivastava : G.A. Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J.
Heard Sri Ramesh Kumar Srivastava, learned counsel for the petitioners and learned A.G.A. for the State.
In view of proposed order, notice to opposite party no.4 is hereby dispensed with.
This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR/Case Crime No. 215 of 2025, under Sections 331(3), 351(3) of B.N.S., 2023, Police Station- Dalmau, District- Raebareli.
Learned counsel for the petitioners has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita.
Learned A.G.A. appearing for respondents-State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgments rendered by 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 stand of the investigating agency, learned counsel for the petitioners states that let 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 2 CRLP No. 8493 of 2025 Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 and the law as laid down by the Apex Court in re; Arnesh Kumar (supra) and Satender Kumar Antil (supra).
However, It is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 10.10.2025 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, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. September 23, 2025 Arpan (Rajeev Singh,J.) (Rajnish Kumar,J.) ARPAN 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 of
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023 — ss. 331(3), 351(3).
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.