SHABAHAT ALI NAQVI @ SHABAHAT ALI v. State of UP AND 4 OTHERS
CRLP/5014/2024 · 2025-03-17
Mahesh Chandra Tripathi, Prashant Kumar
body2025
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[ 2025 DAILYLAW 40250 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 40250 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:38584-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5014 of 2024 Petitioner :- Shabahat Ali Naqvi @ Shabahat Ali Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Shahid Ali Siddiqui,Tanvir Islam Siddiqui Counsel for Respondent :- G.A.,Vageesh Pandey Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. No one appears for the petitioner in the revised call. Sri Vageesh Pandey, Advocate appears for the informant.
2. The instant writ petition is preferred for quashing the impugned First Information Report dated 29.02.2024 registered as Case Crime No.0039 of 2024 under Sections 498A, 323, 506, 354 IPC and Section 3/4 D.P. Act, Police Station Kotwali, District Purvi (Commissionerate, Kanpur Nagar).
3. This Court has seen the Mediation Center's Report dated 25.09.2024, wherein it is stated that the Mediation has failed between the parties.
4. Learned A.G.A. states that all alleged offences are punishable with imprisonment of seven years and the direction may be issued to the police authorities to follow the mandate of Section 41A Cr.P.C./Section 35 (3) - 35 (7) of B.N.S.S., 2023 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 41A Cr.P.C./Section 35 (3) - 35 (7) of B.N.S.S., 2023 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. (Prashant Kumar, J.) (Mahesh Chandra Tripathi, J.) Order Date :- 18.3.2025 RKP Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad