PUNEET KUMAR v. STATE OF U.P. THRU. SECY. PRIN. HOME DEPTT. CIVIL SECTT. LKO. AND OTHERS
CRLP/859/2025 · 2025-01-30
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120717 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120717 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6436-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 859 of 2025 Petitioner :- Puneet Kumar Respondent :- State Of U.P. Thru. Secy. Prin. Home Deptt. Civil Sectt. Lko. And Others Counsel for Petitioner :- Nankau Prasad Mishra 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 and learned A.G.A. for the State/respondent.
2. The instant writ petition has been filed by the petitioner with the following main relief:-
"1.) It is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the First Information Report dated 20.11.2024 contained as Annexure No.1 attached in this petition and every proceeding arising in Crime No. 478/2024 under section 79, 352, 351(2) B.N.S., Police Station Sarojni Nagar District Lucknow and any other order or direction which this Hon'ble court may deem just fit and proper may also be passed in interest of justice"
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 B.N.S.S., 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 B.N.S.S., 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 :- 30.1.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench