MAHESH KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS
CRLP/949/2025 · 2025-02-05
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 121103 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 121103 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7324-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 949 of 2025 Petitioner :- Mahesh Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Petitioner :- Sanjay Kumar Pandey,Rohit Upadhyay 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 who appears for the State-Respondent nos.1, 2 and 3 and perused the record.
2. There is no need to issue notice to the Opposite party no.4, hence the same is dispensed with.
3. Under challenge in this petition is the First Information Report dated 09.01.2025, lodged as F.I.R. No.0009/2025 for the offences under Sections 115(2), 352, 333, 74 of B.N.S. at P.S. Bhiti, 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 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.
5. 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 :- 5.2.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench