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2025 DAILYLAW 119749 (ALL)

MO. IMRAN (IN FIR IMRAN) v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/707/2025 · 2025-01-29

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6047-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 707 of 2025 Petitioner :- Mo. Imran (In Fir Imran) Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Santosh Kumar Kanaujia 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-respondents and perused the record. Learned A.G.A. has placed instructions which are taken on record. 2. Under challenge in this petition is the First Information Report dated 15.11.2024 bearing F.I.R. No.0501 of 2024, under Sections 333, 352, 351(3), 191(2), 115(2) of B.N.S., 2023, Police Station Gosainganj, District Lucknow. 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 :- 29.1.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench