AKRAM ALI AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/8483/2025 · 2025-10-10
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 197907 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197907 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8483 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Case called out.
2. None is present on behalf of the petitioners whereas learned A.G.A. for the State is present.
3. This petition has been filed challenging the F.I.R dated 26.08.2025 vide Case Crime No.0520 of 2025, under Sections 191 (2), 76, 333, 324(4), 115 (2), 352, 351(3) B.N.S. at Police Station Gangaghat district Unnao.
4. Learned A.G.A. submits that this petition is misconceived, however, he submits that since the offence allegedly committed by the petitioners, entails sentence of less than seven years, therefore, they are entitled for the benefit of provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 in terms of judgments rendered by Hon'ble Supreme Court in re; Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273 and Satender Kumar Antil vs. CBI and another, Special Leave to Appeal (Criminal) No. 5191 of 2021 : (2022) 10 SCC 51.
5. In view of above, this petition is dismissed accordingly. October 10, 2025 Shahnaz Versus Counsel for Petitioner(s) : Mohd. Salman, Ana Fatma, Mukhtar Ahamad Counsel for Respondent(s) : G.A. (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Akram Ali And Another .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench