MUKHTAR AHMAD ABDUL KADIR KHAN AND ANOTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS
/874/2025 · 2025-01-31
Sangeeta Chandra, Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121004 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121004 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:6824-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 874 of 2025 Petitioner :- Mukhtar Ahmad Abdul Kadir Khan And Anothers Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Mohd. Vakar Khan Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the petitioners, learned A.G.A for the State and perused the record.
2. Under challenge in this petition is the First Information Report dated 11.01.2025 bearing F.I.R./ Case Crime No.0013 of 2025, under Section 303(2) of B.N.S., 2023, Police Station Kudwar, District Sultanpur.
3. Learned counsel for the petitioners 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 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench