PRABHANJANAM @ PRABHANJANAM DWIVEDI v. STATE OF U.P. THRU. SECY. HOME LKO. AND OTHERS
CRLP/689/2025 · 2025-01-29
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119547 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119547 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:6050-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 689 of 2025 Petitioner :- Prabhanjanam @ Prabhanjanam Dwivedi Respondent :- State Of U.P. Thru. Secy. Home Lko. And Others Counsel for Petitioner :- Ghanshyam Verma Counsel for Respondent :- G.A. 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 Shri Sarvesh Kumar Tiwari, who appeared for the respondent no.3 by filing his 'vakalatnama' on his behalf, which is taken on record.
2. Under challenge in this petition is the First Information Report dated 09.01.2025 arising out of Case Crime No.0004 of 2025, under Section 305(a) of B.N.S., 2023, Police Station Kurebhar, District Sultanpur.
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 seven 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 :- 29.1.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench