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2025 DAILYLAW 152405 (ALL)

MOHD. RASHEED @ RASHEED AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/6479/2025 · 2025-07-23

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42218-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6479 of 2025 Petitioner :- Mohd. Rasheed @ Rasheed And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Ram Mohan Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner(s) learned A.G.A for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated 25.05.2025 bearing Case Crime No.0168 of 2025, under Sections 85, 115(2), 351(2) of B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali Rudauli, District Ayodhya. 3. Learned counsel for the petitioner(s) 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. Learned A.G.A. has produced before this Court instructions sent by Ms. Deepshikha Singh, Sub Inspector, Police Station Rudauli, District Ayodhya, wherein it has been stated that after collection of evidence certain other sections have also been added. The instructions are taken on record. 5. At this stage, learned counsel for the petitioners prays to withdraw present writ petition with liberty to the petitioners to file fresh writ petition. 6. With the aforesaid liberty, the present writ petition is dismissed as withdrawn. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 23.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench