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2025 DAILYLAW 150105 (ALL)

SRI NARAYAN SHARMA @ SRI NARAYAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/6124/2025 · 2025-07-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39113-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6124 of 2025 Petitioner :- Sri Narayan Sharma @ Sri Narayan Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Girish Kumar Pandey,Ekansh Gupta 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) In view of the order proposed to be passed, the issuance of notice to the Opposite party no.4 is dispensed with. (3) Under challenge in this petition is the First Information Report dated 06.06.2025 lodged at Case Crime No.0016 of 2025, under Section 67 of I.T. Act, registered at P.S. Cyber Crime Thana, District Ambedkar Nagar. (4) Learned counsel for the petitioner confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of Bhartiya Nagrik 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. (5) Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 35(3) of Bhartiya Nagrik 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. Order Date :- 9.7.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench