AMIT KUMAR AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND OTHERS
CRLP/686/2025 · 2025-01-29
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119566 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119566 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6135-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 686 of 2025 Petitioner :- Amit Kumar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Sachin Verma,Praveen Kumar Pandey Counsel for Respondent :- G.A.,Sanjay Kumar Yadav Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State/respondent.
2. The instant writ petition has been filed by the petitioners with the following main relief:-
"Issue a writ, order or direction in the nature of Certiorari quashing the first information report dated 10.12.2024, as Case Crime No.0169/2024, under section 85, 115(2) B.N.S. and section 3/4 D.P. Act, Police Station-Madeyganj, District-Lucknow, as contained in Annexure No.1, to this writ petition."
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 B.N.S.S., 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 B.N.S.S., 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 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench