RAMSARAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LOK BHAWAN LKO. AND 3 OTHERS
CRLP/5588/2025 · 2025-06-26
Kshitij Shailendra, Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147793 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147793 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36543-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5588 of 2025 Petitioner :- Ramsaran Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lok Bhawan Lko. And 3 Others Counsel for Petitioner :- Mukul Kumar Sharma,Mohit Sharma,Vaibhav Sangam Mishra Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the petitioners, learned A.G.A for the State and perused the record.
2. Under challenge in this petition is the First Information Report dated 07.06.2025 bearing Case Crime No.115 of 2025, under Section 3 and 7 of the Essential Commodities Act, P.S. Sadarpur, District Sitapur.
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 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.
4. 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 :- 26.6.2025 VNP/- [Kshitij Shailendra,J.] [Pankaj Bhatia,J.] Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench