HIMANSHU BATHAM AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/814/2025 · 2025-01-29
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 120413 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120413 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6088-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 814 of 2025 Petitioner :- Himanshu Batham And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Rama Kant Dixit 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 29.09.024, lodged as F.I.R./Case Crime No.0502 of 2024 for the offences under Sections 304-A IPC at P.S. Maholi District Sitapur.
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 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 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench