Heard learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record.
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.
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.
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.
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.
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).
