AMIT VERMA @ AMIT KUMAR SINGH AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
CRLP/767/2025 · 2025-01-28
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 119512 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119512 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5646-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 767 of 2025 Petitioner :- Amit Verma @ Amit Kumar Singh And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Chhote Lal Yadav,Jitendra Kumar Counsel for Respondent :- G.A.,Hari Krishna Srivastava,Nishant Singh,Surendra Kumar Tripathi,Sweta Swarankar Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard the counsel for the petitioners, learned A.G.A for the State-respondents and Sri Surendra Kumar Tripathi, Advocate, who has filed his power on behalf of respondent No.3 in Court today, which is taken on record.
2. Under challenge in this petition is the First Information Report dated 13.01.2025 bearing F.I.R. No.28 of 2025, under Sections 131, 352, 351(3) B.N.S., 2023, Police Station Bilgram, District Hardoi.
3. Sri Surendra Kumar Tripathi, learned counsel for respondent No.3 says that a recovery warrant has also been issued against the petitioner No.1 by the court concerned under Section 125(3) Cr.P.C., but he is still not paying the maintenance amount to
the respondent No.3.
4. 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.
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. (Ajai Kumar Srivastava-I, J.) (Sangeeta Chandra, J.) Order Date :- 28.1.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench