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2025 DAILYLAW 118853 (ALL)

LAXMI KANT DWIVEDI @ VIMAL DWIVEDI (IN FIR VIMAL DWIVEDI ) v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 2 OTHERS

/541/2025 · 2025-01-27

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6445-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 541 of 2025 Petitioner :- Laxmi Kant Dwivedi @ Vimal Dwivedi (In Fir Vimal Dwivedi ) Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Yogeshwar Sharan Srivastava,Ashish Kumar Srivastava,Priyanka Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. Under challenge in this petition is the First Information Report dated 09.01.2025, bearing FIR No.0019 of 2025, under sections 323, 504, 506 of the IPC & 3 (i) Da & 3 (i) Gha, registered at police station - Kotwali, District - Unnao. 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 Nagrik Suraksha Sanhita, 2023 (corresponding Section 41 A CrPC) for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment. Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 35 (3) of Bharatiya Nagrik Suraksha Sanhita, 2023 (corresponding Section 41 A CrPC) 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 :- 27.1.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench