Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 116232 (ALL)

SUSHIL KUMAR v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS

/196/2025 · 2025-01-13

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:2231-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 196 of 2025 Petitioner :- Sushil Kumar Respondent :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Shravan Kumar,Savita Nandan Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,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 12.11.2024 bearing F.I.R. No.504 of 2024, under Sections 281, 106(1), 324(4) of B.N.S., Police Station Pura Kalandar, District Faizabad (Ayodhya). 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. Order Date :- 13.1.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench