Rama Shankar v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9725 of 2024 Petitioner :- Rama Shankar Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Gyanendra Pathak Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned counsel for the petitioner, learned A.G.A. appearing for the State/opposite parties and perused the record.

¶2This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 7.12.2024, bearing F.I.R./Case Crime No.0347 of 2024, for the offence under Section 316 of Bharatiya Nyaya Sanhita, 2023 (BNS), registered at Police Station Murtiha, District Bahraich.

¶3Learned counsel for the petitioner has submitted that the offences as alleged in F.I.R. 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 Code of Criminal Procedure.

¶4Learned Additional Government Advocate appearing for respondent 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) of Bharatiya Nagarik Suraksha Sanhita, 2023

(BNSS) shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another.

¶5Considering 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.

¶6Accordingly, this petition is disposed of in view of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). . [Om Prakash Shukla,J.] [Vivek Chaudhary,J.] Order Date :- 19.12.2024 Sachin High Court of Judicature at Allahabad, Lucknow Bench