SHIVANI AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS
CRLP/798/2025 · 2025-01-28
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120316 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120316 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5755-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 798 of 2025 Petitioner :- Shivani And 6 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Petitioner :- Atul Kumar Chauhan 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 21.12.2024 bearing F.I.R. No.0065 of 2024, under Sections 85, 115(2), 352, 351(2) of B.N.S. and Sections 3/4 of D.P. Act, Police Station Thana, District Unnao.
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 :- 28.1.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench