Allahabad High Court
Keyman - Subedar vs State Of U.P. And 2 Others on 14 November, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:202664-DB
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 26004 of 2025
Keyman - Subedar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Abrar Ahmad Siddiqui
Counsel for Respondent(s)
:
G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE LAKSHMI KANT SHUKLA, J.
1. Heard learned counsel for the petitioner as well as learned A.G.A. for the State respondents.
2. The instant writ petition has been filed by the petitioner with the prayer to quash the impugned First Information Report dated 13.10.2025, registered as Case Crime No. 0324 of 2025, under Sections 352, 351(3) BNS, Police Station Kotwali Katra, District Mirzapur and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
3. Learned counsel appearing on behalf of the petitioner has submitted that all alleged offences are punishable with imprisonment upto seven years, therefore the police authorities are bound to follow the procedure laid down under Section 35(3) BNSS (41-A Cr.P.C). It is further submitted that the petitioner has been falsely implicated in the instant case and he could not be arrested without following the procedure under Section 35(3) BNSS (Section 41-A Cr.P.C.).
4. Learned counsel appearing on behalf of the petitioner has placed reliance on the judgement of Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017 Writ Petition (Criminal) No. 156 of 2017 and in Satendra Kumar Antil vs. Central Bureau of Investigation and Another (2022) 10 SCC 51 and co-ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147.
5. We have gone through the impugned first information report and we are of the opinion that the guidelines framed by the Apex Court in the above noted judgement are equally applicable to the facts of the instant case.
6. Accordingly, the instant petition is disposed of in terms of the judgements as noted above.
(Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) November 14, 2025 Arti