SATYESH PRASHANT v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND OTHERS
CRLP/916/2025 · 2025-02-04
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 121357 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 121357 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7119-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 916 of 2025 Petitioner :- Satyesh Prashant Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Others Counsel for Petitioner :- Anil Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State/respondent.
2. The instant writ petition has been filed by the petitioners with the following main relief:-
"(i) Issue a writ, order or direction in the nature of Certiorari quashing thereby the impugned First Information Report dated 09.01.2025 lodged by the opposite party no. 4 against the petitioner which has been registered at Case Crime No. 0014/2025, Under Section 316(2), 318(4), 351(3) B.N.S., Police Station- P.G.I., District-Lucknow (so far it relates to the petitioner) (contained at Annexure No. 1 to this writ petition)."
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 B.N.S.S., 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 B.N.S.S., 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 :- 4.2.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench