HAIDER @ HAIDER ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
/229/2025 · 2025-01-13
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116318 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116318 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2201-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 229 of 2025 Petitioner :- Haider @ Haider Ali Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Tajdar Ahmad Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record.
2. Under challenge in this petition is the First Information Report dated 17.12.2024 arising out of Case Crime No. 0433 of 2024, under Section 7 Criminal Law Amendment Act, Police Station- Dubagga, District Lucknow.
3. Learned counsel for the petitioner 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 seven 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 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench