Mandeep Singh vs State Of U.P. Thru. Prin. Secy. Home ... on 22 April, 2026

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Allahabad High Court

Mandeep Singh vs State Of U.P. Thru. Prin. Secy. Home ... on 22 April, 2026

Bench: Rajnish Kumar





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2026:AHC-LKO:28079-DB
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
CRIMINAL MISC. WRIT PETITION No. - 3493 of 2026   
 
   Mandeep Singh    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Sanjay Singh, Desh Deepak Singh   
 
  
 
Counsel for Respondent(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 10
 
   
 
 HON'BLE RAJNISH KUMAR, J.

HON'BLE MRS. BABITA RANI, J.

1. Heard Sri Desh Deepak Singh, learned counsel for the petitioner and learned A.G.A. for the State.

2. At the very outset, learned counsel for the petitioner 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.

3. In view of above, the petition in regard to the prayer No.i is dismissed as not pressed. Now learned counsel for the petitioner presses for prayer No.ii, which is quoted herein below:-

"ii. Issue a writ, order or direction in the nature of mandamus, commanding the Respondent No.1, Respondent No.2 and Respondent No.3, not to arrest, harass and take coercive actions against the petitioner in connection to the Case Crime / FIR No.0076 of 2026 dated 05.04.2026 has been registered under Sections 3/7 of the Essential Commodities Act, 1955 at Police Station Amethi, District Amethi, against the petitioner"

4. 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.

5. 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 petitioner does not arise.

6. 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).

7. 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, 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.

(Mrs. Babita Rani,J.) (Rajnish Kumar,J.) April 22, 2026 Saurabh

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