AJIM AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/5996/2025 · 2025-07-04
Attau Rahman Masoodi, Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 149591 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149591 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37951-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5996 of 2025 Petitioner :- Ajim And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Raghvendra Singh Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State/respondent.
2. Under challenge in this petition is the First Information Report dated 28.06.2025, lodged as F.I.R. No.0146 of 2025, under Sections 115(2), 352 & 351(3) of B.N.S. at Police Station-Manpur, District-Sitapur.
3. Learned counsel for the petitioners confined his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of B.N.S.S., 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 B.N.S.S., 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 akhilesh/- Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench