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2025 DAILYLAW 121145 (ALL)

SUNIL KUMAR AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND OTHERS

CRLP/942/2025 · 2025-02-05

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7422-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 942 of 2025 Petitioner :- Sunil Kumar And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Amul Mani Tripathi,Amar Singh Counsel for Respondent :- G.A.,Aishwarya Pratap Singh,Deependra Pratap Singh,Sandeep Kumar(Trivedi) 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 11.11.2024, lodged as F.I.R. No.342/2024 for the offences under Section 406, 420, 504, 506 of the IPC, at P.S. Bakshi Ka Talab, District Lucknow. 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. The instructions are kept on record. 6. 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 Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench