Allahabad: The Allahabad High Court’s Division Bench has rejected a petition seeking to quash the FIR filed against Samajwadi Party MP Zia-ur-Rehman Barq, while providing directions regarding potential arrest procedures.
Justices Rajiv Gupta and Mohd Azhar Husain Idrisi addressed the petition challenging an FIR registered at Sambhal Police Station under various sections of the BNSS, 2023, and the Prevention of Damages to Public Property Act, 1984.
The case pertains to violence that erupted in Sambhal following a court-ordered survey of a mosque in the area. During the hearing, the petitioner’s counsel modified the initial request, seeking compliance with Section 35 of BNSS for arrest procedures, as all the alleged offenses carried punishment of up to seven years.
The court observed that the FIR prima facie disclosed cognizable offenses against the petitioner. Citing Supreme Court precedents in State of Telangana v. Habib Abdullah Jellani and Neeharika Infrastructure cases, the bench found no grounds to interfere with the FIR.
However, the court issued specific directions regarding potential arrest procedures.
The bench ordered that authorities must strictly comply with Section 35 of BNSS and follow the guidelines established in the Arnesh Kumar case, as well as directions from the Allahabad High Court’s earlier judgment in the Vimal Kumar case.
For the petitioner: Advocates Imran Ullah, Saiyad Iqbal Ahmed
For the respondent: Sri Manish Goyal, Additional Advocate General
Case title: Zia-Ur-Rehman Barq v. State of U.P. and 2 Others
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