Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 120523 (ALL)

MOHAMMAD AFZAL @ AFZAAL KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND 3 OTHERS

CRLP/819/2025 · 2025-01-29

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:6091-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 819 of 2025 Petitioner :- Mohammad Afzal @ Afzaal Khan Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Singh Tomar 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. Under challenge in this petition is the First Information Report dated 06.01.2025 bearing F.I.R. No.0004 of 2025, under Sections 406, 420, 504 and 506 of the I.P.C., Police Station Vibhuti Alambagh, 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. (Ajai Kumar Srivastava-I, J.) (Sangeeta Chandra, J.) Order Date :- 29.1.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench