UMESH PRAJAPATI v. STATE OF U.P. THRU. PRINCIPAL SECRETARY DEPT. OF HOME AFFAIRS LKO AND 3 OTHERS
CRLP/4024/2025 · 2025-05-12
Ajai Kumar Srivastava I, Attau Rahman Masoodi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139362 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139362 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27975-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 4024 of 2025 Petitioner :- Umesh Prajapati Respondent :- State Of U.P. Thru. Principal Secretary Dept. Of Home Affairs Lko And 3 Others Counsel for Petitioner :- Sameer Singh,Sakshi Singh Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,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. Under challenge in this petition is the First Information Report dated 28.04.2025, lodged as F.I.R. No.0138 of 2025, under Sections 281, 125(a), 125(b) and 106 of B.N.S., 2023. at Police Station Sidhauli, District Sitapur.
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. (A. K. Srivastava-I,J.) (A. R. Masoodi,J.) Order Date :- 12.5.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench