Ram Jivan vs State Of U.P

Abdhesh Kumar Chaudhary, J

Heard learned counsel for the petitioner as well as learned A.G.A. appearing for the State-opposite parties nos. 1 to 3, and perused the record.

In view of the proposed order being passed, notice to opposite party no.4 is hereby dispensed with.

This petition seeks the following main prayers:

(1) ISSUE a write, order or direction in the nature of certiorari to quash the impugned F.I.R. dated 30.7.2025 lodged by the opposite party No.4 at police station Fatehpur Chaurasi District Unnao registered at case crime no. 295/2025 U/S 303(2) B.N.S. Contained in ANNEXURE NO.1.

(2) ISSUE a writ, order or direction in the nature of Mandamus commanding and directing the opposite party no. 3 not to arrest the petitioners in connection with F.I.R. dated 30.7.2025 lodged by the opposite party no. 4 at police station Fatehpur Chaurasi District Unnao, Registered at case crime no. 295/2025 U/S 303(2) B.N.S. Contained in ANNEXURE NO. 1.

Learned counsel for the petitioner has submitted that the offences, as alleged in the FIR, have maximum punishment for the term less than seven years imprisonment, whereas the police is trying to arrest the petitioner, which is against the mandates of Bhartiya Nagrik Suraksha Sanhita.

Learned A.G.A. appearing for respondent-State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioner entails sentence of less than seven years, provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall 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.

Considering the stand of the investigating agency, learned counsel for the petitioner states that let this petition be disposed of in view of the above said facts.

Accordingly, this petition is disposed of in view of the provisions of Section 35(3) 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).

However, it is directed that the petitioner shall appear before the Investigating Officer of the concerned police station on 13.10.2025 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.