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2025 DAILYLAW 122264 (ALL)

MAHMOOD ALIHUSSAIN KHAN AND OTHERS v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME AFFAIRS LKO. AND OTHERS

CRLP/1092/2025 · 2025-02-14

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9631-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1092 of 2025 Petitioner :- Mahmood Alihussain Khan And Others Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Affairs Lko. And Others Counsel for Petitioner :- Prashant Chaudhary,Divya Tripathi,Garima Tiwari Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A for the State and Sri Vinod Kumar, Advocate, who has filed power on behalf of the complainant. 2. Under challenge in this petition is the First Information Report dated 07.03.2024, lodged as F.I.R. No.0007/2024 for the offences under Sections 506, 504, 323 and 498A of the I.P.C. and Section 3/4 of the Dowry Prohibition Act, at P.S. Mahila Thana-II, District Lucknow. 3. Learned A.G.A. has produced before this Court a copy of instructions sent by Shri Amit Singh, Sub Inspector, Mahila Thana II, Lucknow. The same is taken on record. 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 :- 14.2.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench