MOHD. KASHIF v. THE STATE OF U.P. THRU. THE SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/5950/2025 · 2025-07-07
Attau Rahman Masoodi, Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 149511 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 149511 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38400-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5950 of 2025 Petitioner :- Mohd. Kashif Respondent :- The State Of U.P. Thru. The Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Manish Srivastava 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 04.06.2025 registered as Case Crime/F.I.R. No. 0107 of 2025 under Sections 126(2), 125, 291, 289 and 285 of the B.N.S., 2023 Police station Gomti Nagar, Vistar District Lucknow.
3. Learned counsel for the petitioner confines his prayer for issuing a direction to the police authorities to follow the mandate of Section 35(3) 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.) (A.R. Masoodi,J.) Order Date :- 7.7.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench