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Allahabad High Court

SANDEEP SONI @ SANDEEP SETH @ GOLI SETHversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The FIR cannot be quashed as it discloses a cognizable offence and no interference is warranted.

Summary

Petitioner Sandeep Soni sought to quash an FIR dated 22‑08‑2026 filed under sections 318(4), 352 and 351(3) of the Bhartiya Nyay Sanhita, 2023, and later limited the relief to protection under section 35 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The High Court examined the FIR and held that it disclosed a cognizable offence, making the prayer to quash untenable in view of Supreme Court precedents. Accordingly, the Court declined to interfere with the FIR. However, it directed the investigating authorities to follow the arrest guidelines laid down in Arnesh Kumar v. State of Bihar and its own earlier order. The petition was therefore disposed of without granting any relief.

Issues considered

  • Whether the FIR dated 22‑08‑2026 can be quashed under the Bhartiya Nyay Sanhita, 2023.
  • Whether the petitioner is entitled to protection under section 35 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
  • Whether the arrest procedure must conform to the Supreme Court guidelines in Arnesh Kumar v. State of Bihar.

Legislation cited

Subjects

  • quash FIR
  • cognizable offence
  • arrest procedure
  • section 35 protection
  • criminal procedure
  • high court writ petition

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. WRIT PETITION No. - 21534 of 2026

                                    Sandeep Soni @ Sandeep Seth @ Goli Seth
                                                                                                            .....Petitioner(s)
                                                                             Versus
                                    State Of U.P. And 3 Others
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                  :    Babu Lal Ram, Gyanendra Kumar
                                    Counsel for Respondent(s)                  :    G.A.

                                    Court No. - 44
                                                        HON'BLE SIDDHARTHA VARMA, J.
                                                        HON'BLE JAI KRISHNA UPADHYAY, J.

                                    1. Heard learned counsel for the petitioner and learned AGA for the State.

                                    2. Although, the prayer made in this writ petition is to quash the First Information
                                    Report dated 22.08.2026 giving rise to Case Crime No.269 of 2026, under Sections
                                    318(4), 352, 351(3) of Bhartiya Nyay Sanhita, 2023, Police Station - Khuthan, District
                                    - Jaunpur, but at the time when the matter is taken up learned counsel for the petitioner
                                    confines his relief to grant of protection under section 35 of the Bhartiya Nagrik
                                    Suraksha Sanhita, 2023.

                                    3. We have perused the the First Information Report, which prima facie discloses
                                    commissioning of cognizable offence and, therefore, the prayer made to quash F.I.R.
                                    otherwise cannot be entertained in view of the law laid down by the Supreme Court in
                                    the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and
                                    Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC
                                    Online SC 315.

                                    4. We are of the view that no interference is warranted.

                                    5. However, considering the fact that all offences, mentioned in the present case, are
                                    punishable with a term up to 7 years, therefore, authorities are directed to ensure the
                                    procedure of arrest as per the guidelines of Supreme Court enshrined in the case of
                                    Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273 as well as the
                                    directions issued in judgement and order dated 28.1.2021 of this Court passed in
                                    Criminal Misc. Writ Petition No. 17732 of 2020.

                                    6. The writ petition, accordingly, is disposed of.

                                    September 9, 2026
                                    vijay krishna
                                                                    (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)




Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad


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