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2025 DAILYLAW 119717 (ALL)

RENU DEVI AND 2 OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/810/2025 · 2025-01-29

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6063-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 810 of 2025 Petitioner :- Renu Devi And 2 Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Dinesh Kumar,Ranjeet Kumar 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 perused the record. 2.This writ petition has been filed with the following relief(s): "(i) issue a writ, order or direction in the nature of Certiorari to quashing the impugned First Information Report dated 24.12.2024 lodged by opposite party No. 4 against petitioners at Case Crime No. 601/2024, under Sections 74, 115 (2), 333, 352, 351 (2) BNSS, Police Station Krishna Nagar, District Lucknow, contained as Annexure 'No.1 to this writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus directing the opposite parties not to arrest the petitioners in Case Crime No. 601/2024, under Sections 74, 115 (2), 333, 352, 351 (2) BNSS, Police Station Krishna Nagar, District Lucknow., contained as 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 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 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench