Gaya Prasad vs State Of U.P. Thru. Prin. Secy. Deptt. ... on 21 April, 2026

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Allahabad High Court

Gaya Prasad vs State Of U.P. Thru. Prin. Secy. Deptt. ... on 21 April, 2026

Bench: Rajnish Kumar





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2026:AHC-LKO:27555-DB
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
CRIMINAL MISC. WRIT PETITION No. - 3599 of 2026   
 
   Gaya Prasad    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko. And 3 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Upendra Prakash Pathak, Subodh Kumar Verma   
 
  
 
Counsel for Respondent(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 10
 
   
 
 HON'BLE RAJNISH KUMAR, J.

HON'BLE MRS. BABITA RANI, J.

1. Heard Sri Upendra Prakash Pathak, learned counsel for the petitioner and learned A.G.A. for the State.

2. This petition has been filed seeking following reliefs:-

"i. issue a Writ, order or direction in the nature of Certiorari to quash the First Information Report lodged on 24.10.2024 at Case Crime No.824/2024, Under Section - 135 of Electricity Act, 2003, Police Station Anti Power Theft Police Station Raebareli, District Raebareli, which is being annexed herewith as Annexure No.1 to this petition ii. issue any Writ, order or direction in the nature of mandamus to the opposite party no.2 and 3 for not to harass the Petitioner and his family in any manner, so for as it relates to the alleged First Information Report lodged against the petitioner as the petitioner and his family has no concern with any act as alleged.

iii. issue any other Writ, order of direction as may be deemed appropriate in the circumstances of the case.

iv. award cost in favour of Petitioner."

3. Learned counsel for the petitioner submits that the impugned F.I.R. has been lodged on the basis of wrong and concocted story. Even otherwise, he submits that the petitioner is ready to settle the dispute and get the compounding done and for the said purpose he has approached this Court by means of Writ C No.543 of 2026 (Gaya Prasad Vs. State of U.P. and Others), which has been disposed of by this Court by means of order dated 13.03.2026 with liberty to the petitioner to file an appeal and the same was directed to be disposed of expeditiously. He further submits that the appeal shall be filed.

4. He further submits that he does not want to press the prayer No.(i) for quashing the impugned F.I.R., therefore, this petition may be dismissed as not pressed in regard to the prayer No.(i). To which, there is no objection by the learned A.G.A.

5. In view of above, the petition in regard to the prayer No.(i) is dismissed as not pressed. Now this petition survives only for the prayer Nos.(ii) to (iv).

6. Learned counsel for the petitioner submits that the offences in the impugned F.I.R. carry punishment up to seven years but the police is harassing the petitioner and trying to arrest him, whereas in a case where the punishment is up to seven years, the provision of Section 35(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023 is to be strictly followed in terms of judgments rendered by the 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.

7. Learned A.G.A. does not dispute the submissions of learned counsel for the petitioner that the offence mentioned in the impugned F.I.R. carry punishment less than seven years, therefore, he states that the provision of Section 35(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgments rendered by the Hon'ble Supreme Court in re; Arnesh Kumar (Supra) and Satender Kumar Antil (Supra) and the question of arrest of the petitioners does not arise.

8. Accordingly, this petition is disposed of in view of the aforesaid statement of learned A.G.A. as well as the provisions of Section 35(3) of the 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).

9. However, it is directed that the petitioner shall appear before the Investigating Officer of the concerned police station on 06.05.2026 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.

(Mrs. Babita Rani,J.) (Rajnish Kumar,J.) April 21, 2026 Saurabh

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