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Vishal Yadav @ Tannu v. State Of U.P. Thru. Prin. Secy. Home U.P. Lko

CRIMINAL MISC. WRIT PETITION No. 9409 of 2025RAJNISH KUMAR, ZAFEER AHMAD2 min read

Case at a glance

Outcome

Disposed of

Accordingly, this petition is disposed of in view of the provisions of

Provisions considered

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 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).

Judgment

1.

Vakalatanam filed on behalf of opposite party no.4 by Shri Rajesh Kumar Singh Chauhan, Advocate, is taken on record.

2.

Heard Sri P.R.S. Bajpai, learned counsel for the petitioners, learned A.G.A. for the State and Shri Rajesh Kumar Singh Chauhan, learned Counsel for the opposite party no. 4.

3.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. bearing FIR No.152 of 2025, under Sections 331(1), 329 (3), 305 B.N.S., 2023, Police Station Kotwali, District Unnao.

4.

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, 2023.

5.

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. 2 CRLP No. 9409 of 2025

6.

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

7.

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 the Apex Court in re; Arnesh Kumar (supra) and Satender Kumar Antil (supra).

8.

However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on 24.10.2025 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. October 9, 2025 Ajit (Zafeer Ahmad,J.) (Rajnish Kumar,J.)

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. 305, 329(3), 331(1).

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.

Why is this linked?

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