MUJEEB KHAN @ MUJEEB ALI AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS
/865/2025 · 2025-01-31
Sangeeta Chandra, Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121007 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121007 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:6856-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 865 of 2025 Petitioner :- Mujeeb Khan @ Mujeeb Ali And Another Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Mohd. Shamshad 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 10.01.2025, lodged as F.I.R. No.0013/2025 for the offences under Sections 85, 115(2), 352, 351(3) of B.N.S. 2023 and Section 3/4 of Dowry Prohibition Act, at P.S. Pihani, District Hardoi.
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 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench