ASLAM AND ANOTHER v. STATE OF U.P. THRU. ITS SECY. HOME AND 2 OTHERS
CRLP/556/2025 · 2025-01-22
Om Prakash Shukla, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 118955 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118955 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4207-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 556 of 2025 Petitioner :- Aslam And Another Respondent :- State Of U.P. Thru. Its Secy. Home And 2 Others Counsel for Petitioner :- Arvind Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,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 16.01.2025 bearing F.I.R. No.0020/2025, under Sections 406, 420 I.P.C., Police Station Kotwali Bhinga, District Shrawasti.
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. (Om Prakash Shukla,J.) (Sangeeta Chandra,J.) Order Date :- 22.1.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench