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2025 DAILYLAW 121074 (ALL)

MAHARAJDEEN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

/899/2025 · 2025-01-31

Sangeeta Chandra, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6859-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 899 of 2025 Petitioner :- Maharajdeen Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Jaikaran 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 and perused the record. 2. Under challenge in this petition is the First Information Report dated 16.12.2024, lodged as F.I.R. No. 0478/2024 for the offences under sections 319(2) & 318(4) of B.N.S., at P.S.- Maharajganj, District -Raebareli. 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 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench