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2025 DAILYLAW 142855 (ALL)

ROHAAN FARIDI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/4695/2025 · 2025-06-02

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34215-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 4695 of 2025 Petitioner :- Rohaan Faridi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Amjad Siddiqui,Mohemmed Amir Naqvi Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J. Heard learned counsel for petitioner and learned A.G.A. for the State. By means of this writ petition, the petitioner has sought quashing of First Information Report bearing Case Crime No. 0096 of 2025, under Sections 85, 115(2), 352, 351(2) B.N.S., 2023 and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2018 and Section 3/4 D.P. Act, Police Station- Indira Nagar, District- Lucknow. After arguing the matter at length, learned counsel for petitioner confines his prayer to protection prescribed under Section 35(3) of B.N.S.S., 2023. The said protection is statutorily available in cases where the sentence regarding an offence is of seven or less than seven years, therefore, the police is obliged to extend the benefit of the said provision wherever attracted and no specific direction is required. If during investigation any other section is added then the law will take its own course, meaning thereby, if the provisions contained in Section 35 or 35(3) are not attracted to the said offence/section, then, it shall be open for the police to proceed accordingly. In the event any new section is added carrying a sentence of more than seven years, it shall be open for the petitioner to approach this Court or to seek such other remedies as may be prescribed under law. With the aforesaid observations, the writ petition is disposed of. . (Praveen Kumar Giri,J.) (Rajan Roy,J.) Order Date :- 2.6.2025/R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench