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2025 DAILYLAW 155262 (ALL)

RAVI SAGAR AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. AND OTHERS

CRLP/6955/2025 · 2025-08-01

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44702-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6955 of 2025 Petitioner :- Ravi Sagar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. And Others Counsel for Petitioner :- Eshan Kumar Gupta,Riya Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. (1) Heard Sri Eshan Kumar Gupta, learned counsel for the petitioners, learned A.G.A for the State-respondents and perused the record. (2) In view of the order proposed to be passed, the issuance of notice to the Opposite party no.4 is dispensed with. (3) Under challenge in this petition is the First Information Report dated 28.2.2025 lodged at Case Crime No.0016 of 2025, under Sections 498A, 504, 506, 406 IPC and Sections 3, 4 of Dowry Prohibition Act, at P.S. Mahila Thana, District Lucknow. (4) Learned counsel for the petitioners confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of Bhartiya Nagrik 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. (5) Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 35(3) of Bhartiya Nagrik 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 :- 1.8.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench