MUNAIFUR RAHMAN ALIAS SADDAM MIYA AND OTHERS v. STATE OF U.P. THRU. SECY. HOME AND OTHERS
CRLP/1006/2025 · 2025-02-07
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 121797 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121797 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8061-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1006 of 2025 Petitioner :- Munaifur Rahman Alias Saddam Miya And Others Respondent :- State Of U.P. Thru. Secy. Home And Others Counsel for Petitioner :- Rehan Ahmad Siddiqui 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 and 2 and perused the record.
2. There is no need to issue notice to the Opposite party no.3, hence the same is dispensed with.
3. Under challenge in this petition is the First Information Report dated 29.01.2025, lodged as F.I.R./Case Crime No.64/2025 for the offences under Sections 351 (3), 352, BNS & 3 (1) (da) (dha), 3 (2) (va) SC/ ST Act at P.S. Para, District Lucknow.
4. 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.
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 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench