SHAKEEL AHMAD KHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/6186/2025 · 2025-07-18
Attau Rahman Masoodi, Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149692 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149692 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:41216-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 6186 of 2025 Petitioner :- Shakeel Ahmad Khan And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Israr Ahmad Ansari Counsel for Respondent :- G.A.,Bahar Ali 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.
2. Under challenge in this petition is the First Information Report dated 15.04.2025 registered as Case Crime/F.I.R. No. 0034 of 2025 under Sections 85, 352 B.N.S and 3/4 D.P.Act, Mahila Thana 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 41 A 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 :- 18.7.2025/Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench