Shubham Dubey @ Abhay Dubey v. State Of U.P. Thru. Addl. Chief Secy. Home Deptt
Case at a glance
Outcome
Disposed of
Accordingly, this petition is disposed of in view of the provisions of
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 74, 115(2), 351(2), 352
- Indian Penal Code, 1860
Key paragraphs
- Para 66. Considering the stand of the investigating agency, learned counsel for the petitioner 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
Heard Sri Digvijay Singh Yadav, learned counsel for the petitioner 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.224/2025, under Sections 115(2), 352, 351(2), 74 BNS and 323, 504, 506, 354 IPC, Police Station Jankipuram, District Lucknow.
Learned counsel for the petitioner 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 him, 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 petitioner, 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. 10076 of 2025
Considering the stand of the investigating agency, learned counsel for the petitioner 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 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 petitioner shall appear before the Investigating Officer of the concerned police station on 19.11.2025 at 11:00 AM sharp for the purpose to cooperate in the investigation. Thereafter, he 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. November 3, 2025 Akanksha Sri/- (Zafeer Ahmad,J.) (Rajnish Kumar,J.) AKANKSHA SRIVASTAVA AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench 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. 74, 115(2), 351(2), 352; Indian Penal Code, 1860.
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.