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2025 DAILYLAW 148905 (ALL)

WASIM AHMED v. STATE OF U.P. THRU. ADDL. SECY. HOME DEPTT. AND OTHERS

CRLP/5850/2025 · 2025-07-03

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37489-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5850 of 2025 Petitioner :- Wasim Ahmed Respondent :- State Of U.P. Thru. Addl. Secy. Home Deptt. And Others Counsel for Petitioner :- Ajmal Khan,Javed Khan Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated 21.04.2025 bearing Case Crime No.106 of 2025, under Section 299 of B.N.S., 2023 and Section 67 of Information Technology (Amendment) Act, 2008, Police Station Aaspur Deosara, District Pratapgarh. 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 seven 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. (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 3.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench