SAMEER KHALIL ANSARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS
CRLP/4145/2025 · 2025-05-16
Ajai Kumar Srivastava I, Attau Rahman Masoodi
body2025
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[ 2025 DAILYLAW 140007 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 140007 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:29145-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 4145 of 2025 Petitioner :- Sameer Khalil Ansari Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Pawan Verma,Arvind Kumar Maurya,Kanchan 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 24.07.2024, lodged as F.I.R. No.0150 of 2024, under Sections 498-A, 323, 504, 506, 452 of I.P.C. and Sections 3/4 of Dowry Prohibition Act at Police Station Bazar Khala 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. (A. K. Srivastava-I,J.) (A. R. Masoodi,J.) Order Date :- 16.5.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench