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2025 DAILYLAW 147160 (ALL)

HARI OM AND OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/5452/2025 · 2025-06-25

Kshitij Shailendra, Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36374-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5452 of 2025 Petitioner :- Hari Om And Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Yogeshwar Sharan Srivastava Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioners and learned AGA for the State. 2. Present petition seeks issuance of a writ in the nature of certiorari quashing FIR No.120 of 2025, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Itiathok, District Gonda. 3. Contention of learned counsel for the petitioners is that the offences alleged are punishable for a term less than seven years and the police is, however, trying to arrest the petitioner which is contrary to the mandate of Section 35(3) of BNSS. 4. In view of the specific directions of the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, present petition is disposed off with direction that the police shall ensure strict compliance of Section 35(3) of BNSS while investigating the case. (Kshitij Shailendra, J) (Pankaj Bhatia, J) Order Date :- 25.6.2025/Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench