SHIV SHANKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME (CRIME NO. INVESTIGATION DEPTT.) LKO. AND 3 OTHERS
CRLP/6369/2025 · 2025-07-21
Sangeeta Chandra, Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 151769 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151769 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41613-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6369 of 2025 Petitioner :- Shiv Shankar Respondent :- State Of U.P. Thru. Prin. Secy. Home (Crime No. Investigation Deptt.) Lko. And 3 Others Counsel for Petitioner :- Sheo Prakash Singh,Pradeep Rai Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J.
1. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record.
2. Under challenge in this petition is the First Information Report dated 07.07.2025, lodged as F.I.R. No.0076/2025 for the offence under Section 3/7 Essential Commodities Act, at P.S. Shivratan Ganj, District Amethi, District Raebareli.
3. Learned counsel for the petitioner 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 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. . [Subhash Vidyarthi, J.] [Mrs. Sangeeta Chandra, J.] Order Date :- 21.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench