Allahabad High Court
Nitin Krishna Dubey vs State Of U.P. Thru. Secy. Home, Civil ... on 13 February, 2025
Author: Vivek Chaudhary
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:9446-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1305 of 2025 Petitioner :- Nitin Krishna Dubey Respondent :- State Of U.P. Thru. Secy. Home, Civil Sectt. Lko. And Others Counsel for Petitioner :- Ranjana Agnihotri Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J.
Hon'ble Brij Raj Singh,J.
1. Heard Ms. Ranjana Agnihotri, learned counsel for the petitioner, learned A.G.A. appearing for the State/opposite parties and perused the record.
2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 02.02.2025 bearing F.I.R./Case Crime No. 0031 of 2025 for the offence under Sections 316(2) and 318(4) of BNS, registered at Police Station Aliganj, District Lucknow North.
3. Learned counsel for the petitioner submits that petitioner is a teacher in coaching institute, namely, 'FIITJEE Ltd.', which is not paying the salary to him and all the allegations are against the 'coaching institute' itself. She further submits that all the offences levelled against the petitioner are punishable less than seven years'.
4. It is further 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.
5. Learned 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.
6. 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.
7. Accordingly, 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).
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(Brij Raj Singh, J.) (Vivek Chaudhary, J.) Order Date :- 13.2.2025 Praveen