ALAUDDIN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/5804/2025 · 2025-07-04
Attau Rahman Masoodi, Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148607 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148607 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37964-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5804 of 2025 Petitioner :- Alauddin Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Syed Raza Mehdi Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. Under challenge in this petition is the First Information Report dated 09.06.2025 registered as Case Crime/F.I.R. No. 0204 of 2025 under Section 85, 352 BNS, ¾ D.P.Act & Section ¾ Muslim Women Protection of Rights on Marriage Act, 2019 at Police Station Tambaur District Sitapur.
3. Learned counsel for the petitioners confined his prayer for issuing a direction to the police authorities to follow the mandate of Section 35(2) of the 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. (Shree Prakash Singh,J.) (Attau Rahman Masoodi,J.) Order Date :- 4.7.2025/Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench