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2025 DAILYLAW 151448 (ALL)

KHALIKUN JHAN AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

CRLP/6410/2025 · 2025-07-17

Attau Rahman Masoodi, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41043-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 6410 of 2025 Petitioner :- Khalikun Jhan And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Pradyumn Shukla,Qasim Abbas Zaidi 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 25.10.2024 registered as Case Crime/F.I.R. No. 0512 of 2024 under Sections 498A, 323, 504, 506 and 308 of IPC and 3/4 D.P. Act, police station Chinhat, district Lucknow. 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. (Shree Prakash Singh,J.) (A.R. Masoodi,J.) Order Date :- 17.7.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench