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2025 DAILYLAW 118324 (ALL)

NARENDRA YADAV @ NARENDRA KUMAR YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO AND OTHERS

CRLP/472/2025 · 2025-01-23

Om Prakash Shukla, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4406-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 472 of 2025 Petitioner :- Narendra Yadav @ Narendra Kumar Yadav Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Prem Prakash Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,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 21.12.2024 bearing Case Crime/F.I.R. No.0588 of 2024, under Sections 115(2), 352, 351(2), 3(5) of B.N.S., 2023 and Sections 3(2)(va), 3(1)(d), 3(1)(dh) of SC/ST Act, Police Station Safdarganj, District Barabanki. 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 :- 23.1.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench