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2025 DAILYLAW 147117 (ALL)

NASEER ALAM ABBASI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 2 OTHERS

CRLP/5384/2025 · 2025-06-23

Kshitij Shailendra, Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36051-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5384 of 2025 Petitioner :- Naseer Alam Abbasi Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 2 Others Counsel for Petitioner :- Manish Kumar Tripathi,Aditya Vikram Singh Counsel for Respondent :- G.A.,Ravindra Kumar Dwivedi Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Shri Aditya Narayan, Advocate has filed Vakalatnama on behalf of the informant. The same is taken on record. 2. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record. 3. Under challenge in this petition is the First Information Report dated 18.05.2025 bearing Case Crime No.0221 of 2025, under Sections 352, 351(3), 316(2), 318(4) B.N.S., Police Station Dubagga, District Lucknow. 4. Learned AGA submits that the petitioner has criminal history and, therefore, he is not entitled for any relief. 5. Learned counsel for the petitioner 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. 6. 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 :- 23.6.2025 AKShukla/- (Kshitij Shailendra, J) (Pankaj Bhatia, J) Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench