DEV KUMARI AND OTHERS v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME CIVIL SECTT. LKO. AND OTHERS
CRLP/844/2025 · 2025-01-30
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 120723 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120723 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6542-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 844 of 2025 Petitioner :- Dev Kumari And Others Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Civil Sectt. Lko. And Others Counsel for Petitioner :- Santosh Kumar Dwivedi 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-respondent nos.1, 2 and 3 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 25.11.2024 lodged by the opposite party n.4 at F.I.R./Case Crime No.313 of 2024, under Sections 85, 351(2) 82(1) of B.N.S. of 2023 & Section 3/4 of Dowry Prohibition Act, at P.S. Bheeti, District Ambedkar Nagar. (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 Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench