SMT. SAEEDA AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/1026/2025 · 2025-02-06
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 121841 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121841 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7700-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1026 of 2025 Petitioner :- Smt. Saeeda And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Akash Dhar Dubey 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 for the State and Shri R. P. Nigam, who has filed his power on behalf of opposite party no.4. The same is taken on record.
2. Under challenge in this petition is the First Information Report dated 19.01.2025, lodged as F.I.R./Case Crime No.11 of 2025 for the offences under Sections 498-A, 323, 504, 506, 420 I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961 at P.S. Madeyganj, District Lucknow.
3. 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.
4. 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 :- 6.2.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench