Neutral Citation No. - 2025:AHC-LKO:2230-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 248 of 2025 Petitioner :- Nitin Kakar Respondent :- State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Home Lko. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Nadeem Murtaza,Suryansh Singh Suryavanshi,Yash Pandey Counsel for Respondent :- G.A.,Satya Prakash Srivastava Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner, learned A.G.A. appearing for the Opposite Party Nos.1, 2 and 3 and Shri Satya Prakash Srivastava, who appears on behalf of the Opposite party no.4 and perused the record. 2. Since the point involved in the present writ petition is trivial in nature, so the present writ petition is being heard and decided at the admission stage. 3. Notice to the Opposite Party No.4 is dispensed with. 4. Under challenge in this petition is the First Information Report dated 22.11.2024, lodged as F.I.R./Case Crime No.0886 of 2024, for the offences under Sections 420 and 406 of the I.P.C., at Police Station Kotwali Nagar, District Gonda. 5. Learned counsel for the petitioner 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. 6. 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 :- 13.1.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench