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VIVEK CHAUDHARY, NARENDRA KUMAR JOHARI
Manoj Kumar Mishra – Appellant
Versus
State Of Uttar Pradesh Thru. Secy. Deptt. Home Civil Secrt. Lko. – Respondent
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. Consider
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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