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2025 DAILYLAW 119842 (ALL)

SHRI RAJA R PANKAJ AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME, CIVIL SECTT. AND OTHERS

CRLP/703/2025 · 2025-01-29

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6012-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 703 of 2025 Petitioner :- Shri Raja R Pankaj And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home, Civil Sectt. And Others Counsel for Petitioner :- Sankalp Dewari Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioners, learned A.G.A for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated 09.01.2025 arising out of Case Crime No.0014 of 2025, under Sections 85, 115(2), 74 of B.N.S., 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, Police Station Talkatora, District Lucknow so far as it relates to the petitioners. 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