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2025 DAILYLAW 151434 (ALL)

UJJAWAL RASTOGI AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME AFFAIRS U.P. LKO. AND 3 OTHERS

CRLP/6323/2025 · 2025-07-21

Sangeeta Chandra, Subhash Vidyarthi

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Neutral Citation No. - 2025:AHC-LKO:41526-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6323 of 2025 Petitioner :- Ujjawal Rastogi And 3 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Affairs U.P. Lko. And 3 Others Counsel for Petitioner :- Sanjay Kumar Srivastava,Akshat Kumar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,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 No. 0332/2025 dated 05.06.2025, under Sections 85/115(2)/352/351(3) B.N.S. 2023 and Section 3/4 Dowry Prohibition Act, 1961, Police Station-Ganga Ghat, District- Unnao. 3. Learned counsel for the petitioners confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of 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 seven 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. (Subhash Vidyarthi,J.) (Sangeeta Chandra,J.) Order Date :- 21.7.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench