JAGDISH PRASAD v. STATE OF U.P. THRU. SECY. HOME LKO. AND OTHERS
/596/2025 · 2025-01-27
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119217 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119217 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5351-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 596 of 2025 Petitioner :- Jagdish Prasad Respondent :- State Of U.P. Thru. Secy. Home Lko. And Others Counsel for Petitioner :- Ashish Chaturvedi,Arun Kumar Dwivedi Counsel for Respondent :- G.A.,Bhupendra Prakash,Manish Kumar,Sanjay Kumar Mishra 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 13.01.2025, lodged as F.I.R. No.0026/2025 for the offences under Sections 352, 351(3), 316(2), 318(4) of B.N.S., 2023, at P.S. - P.G.I, District - Lucknow East.
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 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 :- 27.1.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench