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IN THE HIGH COURT OF ALLAHABAD
HON'BLE VIVEK CHAUDHARY, HON'BLE NARENDRA KUMAR JOHARI, JJ.
Manoj Kumar Mishra And Others - Petitioners
Versus
State Of Uttar Pradesh Thru. Secy. Deptt. Home Civil Secrt. Lko. And Others - Respondents
Criminal MISC. Writ Petition No. 5279 of 2024
Decided On : 26-07-2024
CERTIORARI - FIR QUASHING - The court addressed a petition for quashing an FIR under the Bhartiya Nayay Sanhita, 2023, emphasizing the legal provisions regarding arrest for offenses with a maximum punishment of less than seven years. The court highlighted the necessity of adhering to Section 35(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023, in light of the Supreme Court's ruling in Arnesh Kumar vs. State of Bihar, which mandates specific procedures for such cases, influencing the decision to dispose of the petition accordingly.
Fact of the Case:
The petitioners sought to quash an FIR registered for offenses under the Bhartiya Nayay Sanhita, 2023, claiming that the police's attempt to arrest them was unlawful due to the nature of the alleged offenses, which carried a maximum punishment of less than seven years.
Finding of the Court:
The court noted the investigating agency's acknowledgment of the legal framework governing the arrest of individuals charged with lesser offenses, specifically referencing the Supreme Court's judgment in Arnesh Kumar, which necessitates compliance with Section 35(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues: Whether the police can arrest the petitioners for offenses with a maximum punishment of less than seven years without following the mandated legal procedures.
Ratio Decidendi: The court concluded that the provisions of Section 35(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023, must be strictly adhered to, as established by the Supreme Court, thereby influencing the decision to quash the FIR.
Final Decision: The petition was disposed of in accordance with the legal provisions and the Supreme Court's ruling, affirming the necessity of following due process in cases involving lesser offenses.
JUDGMENT :
Heard learned counsel for the petitioners, 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 14.07.2024 bearing FIR/Case Crime No.0277/2024, for the offence under Sections 117(2), 115(2), 351(3), 352 of Bhartiya Nayay Sanhita (BNS), 2023, registered at Police Station Bhinga, District Shrawasti.
3. Learned counsel for the petitioners has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandates of Code of Criminal Procedure.
4. Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 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.
5. Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts.
6. Accordingly, this petition is disposed of in view of the provisions of Section Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023, and the law as laid down by Apex Court in the case of Arnesh Kumar (supra).
The court established that for offenses punishable by less than seven years, the arrest must comply with the specific provisions outlined in Section 35(3) of the Bhartiya Nagrik Suraksha Sanhita, 202....
The court reinforced the necessity of following Section 41-A Cr.P.C. in cases involving offences with a punishment of less than seven years, as per the Supreme Court's guidelines.
The court reaffirmed the necessity of following Section 41-A Cr.P.C. in cases involving offences with a punishment of less than seven years, as per the Supreme Court's guidance.
The main legal point established in the judgment is the strict adherence to Section 41-A Cr.P.C. for offences entailing a sentence of less than seven years, as mandated by the Supreme Court in the ca....
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