SAURABH SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/1014/2025 · 2025-02-06
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 121890 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 121890 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7654-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1014 of 2025 Petitioner :- Saurabh Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Ajeet Kumar Yadav,Jeevan Kumar Yadav,Subhash Chandra 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 petitioner with the following main relief:-
"a. Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned first information report lodged by the O.P.NO.4 against the petitioner on 18.01.2025 at 15:36 hours vide case crime no. 037/2025,U/s 191(2),115(2),352,351(3) Β.Ν.S., Police Station- Para, District- Lucknow, as contained in Annexure No. 1 to this writ petition. b. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties no. 2 and 3 not to arrest or adopt any coercive measure against the petitioner on the basis of mpugned first information report lodged by the O.P.NO.4 against the petitioner on 18.01.2025 at 15:36 hours vide case crime no. 037/2025,U/s 191(2),115(2),352,351(3) Β.Ν.S., Police Station- Para, District- Lucknow"
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 :- 6.2.2025/A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench