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2025 DAILYLAW 116059 (ALL)

SUDHA DIXIT AND 3 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 4

/217/2025 · 2025-01-13

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

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Neutral Citation No. - 2025:AHC-LKO:2125-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 217 of 2025 Petitioner :- Sudha Dixit And 3 Others Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Lko. And 4 Counsel for Petitioner :- Santosh Kr. Yadav Warsi,Arjun Singh Yadav,Deepesh Kumar Yadav,Priyanka Srivastava,Rama Nand Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioners, learned A.G.A for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated 22.12.2024, lodged as F.I.R./Case Crime No.0487 of 2024 for the offences under Sections 115(2), 352, 351(3) of BNS and 3(1)(d), 3(1)(dha) SC/ST Act at P.S. Mahrajganj, District Raebareli. 3. Learned counsel for the petitioners confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment. 4. Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. Order Date :- 13.1.2025/Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench