GAURISHANKAR PRAJAPATI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/6279/2025 · 2025-07-17
Attau Rahman Masoodi, Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 151287 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 151287 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40846-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 6279 of 2025 Petitioner :- Gaurishankar Prajapati Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Ashok Kumar Maurya,Raj Kumar 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 15.11.2024 registered as Case Crime No.661 of 2024 under Sections 406, 420, 504, 506 I.P.C., police station Para, 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. Order Date :- 17.7.2025 Ram Murti (Shree Prakash Singh, J.) (A.R. Masoodi, J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench