Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 140186 (ALL)

SHANU AFREEN AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND OTHERS

CRLP/4178/2025 · 2025-05-16

Ajai Kumar Srivastava I, Attau Rahman Masoodi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:29155-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 4178 of 2025 Petitioner :- Shanu Afreen And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Devendra Gupta,Prashant Shukla Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State/respondent. 2. Under challenge in this petition is the First Information Report dated 17.10.2024, lodged as F.I.R. No.0131 of 2024, under Sections 147, 406, 420, 504 and 506 of I.P.C. at Police Station Hussainganj, 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 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