SUHEB @ MOHD. SUHEB v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/526/2025 · 2025-01-23
Om Prakash Shukla, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 117989 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117989 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4520-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 526 of 2025 Petitioner :- Suheb @ Mohd. Suheb Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Amjad Siddiqui,Vimal Kishor Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the petitioner, learned A.G.A who appears for the State-Respondent nos.1, 2 and 3 and perused the record.
2. There is no need to issue notice to the Opposite party no.4, hence the same is dispensed with.
3. Under challenge in this petition is the First Information Report dated 05.12.2024, lodged as F.I.R. No.0659/2024 for the offences under Sections 85, 115(2), 352, 351 (3) of the B.N.S. and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2018 & Section 3/4 D.P. Act, at P.S. Kotwali Nagar, District Ayodhya.
4. 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 7 years of imprisonment.
5. 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 :- 23.1.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench