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2025 DAILYLAW 150199 (ALL)

JAI PRAKASH MISHRA @ ASHU AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/6116/2025 · 2025-07-18

Attau Rahman Masoodi, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41218-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 6116 of 2025 Petitioner :- Jai Prakash Mishra @ Ashu And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Mool Chandra,Abhishek,Durgesh Mishra 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. 2. Under challenge in this petition is the First Information Report dated 30.6.2025 registered as Case Crime/F.I.R. No. 0114 of 2025 under Sections 85, 115(2), 352, 316(2) BNS 2023 and Section 3/4 Dowry Prohibition Act, police station Sangramgarh, district Pratapgarh. 3. Learned counsel for the petitioners 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. Order Date :- 18.7.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench