SHIVRAJ PAL @ SHIVRAJ AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND OTHERS
CRLP/988/2025 · 2025-02-07
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 121429 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 121429 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8150-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 988 of 2025 Petitioner :- Shivraj Pal @ Shivraj And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Rakesh Kumar,Fakhruddin Ali Ahmad,Surendra Singh 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 23.01.2025, lodged as F.I.R. No.0012/2025 for the offences under Sections 85, 115(2), 352 of the B.N.S., and Section 3/4 D.P. Act, at P.S. Mahila Thana, District Sitapur.
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 :- 7.2.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench