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2025 DAILYLAW 120931 (ALL)

SMT. PHOOLMATI v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. U.P. LKO. AND OTHERS

/884/2025 · 2025-01-31

Sangeeta Chandra, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6730-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 884 of 2025 Petitioner :- Smt. Phoolmati Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. U.P. Lko. And Others Counsel for Petitioner :- Arun Kumar,Prabhat Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A for the State-respondents and perused the record. Learned A.G.A. has placed instructions which are taken on record. 2. Under challenge in this petition is the First Information Report dated 22.01.2025 bearing F.I.R. No.0020 of 2025, under Section 3/7 of Essential Commodities Act, Police Station Rampur Kalan, District Sitapur. 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. Order Date :- 31.1.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench