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2025 DAILYLAW 120693 (ALL)

BALRAM YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECTT. LKO AND OTHERS

CRLP/855/2025 · 2025-01-30

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6341-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 855 of 2025 Petitioner :- Balram Yadav And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Others Counsel for Petitioner :- Krishna Kumar Dubey 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) In view of the order proposed to be passed, the issuance of notice to the Opposite party no.4 is dispensed with. (3) Under challenge in this petition is the First Information Report dated 07.12.2024 lodged at F.I.R. No.0639 of 2024, under Sections 115(2), 351(2) B.N.S. of 2023 & 3(1) (D), 3(1)(Dh) of S.C./S.T. Act 1889, (Amended 2015) at P.S. Sushant Golf City, District Lucknow. (4) Learned counsel for the petitioners confines his prayer for issuing direction to the police authorities to follow the mandate of 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. (5) Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of 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 :- 30.1.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench