Neutral Citation No. - 2025:AHC-LKO:4631-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 480 of 2025 Petitioner :- Akhilesh Kumar Yadav @ Akhilesh Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Ajey 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 and learned A.G.A., who appears on behalf of State-respondents. 2. This petition has been filed with the following prayers :- "I. Issue a writ, order or direction in the nature of certiorari to quash the impugned First Information Report dated 11.01.2025 registered in F.I.R. No.0008/2025, U/s- 140(3) BNS, Police Station- Matera, District- Bahraich which has been contained as Annexure No.1 to this writ petition in respect to the petitioners. II. Issue a writ, order or direction in the nature of mandamus commanding and directing to the Opposite Party no.2 to 3 not to arrest the petitioner in the impugned First Information Report dated 11.01.2025 registered in F.I.R. No.0008/2025, U/s-140(3) BNS, Police Station- Matera, District- Bahraich." 3. Learned counsel for the petitioner, at the outset, prays 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. Learned A.G.A., on the other hand, does not dispute the aforesaid facts but he has produced before this Court a copy of the instructions sent by one Tejnarayan, Sub Inspector, Police Station Motera, District Bahraich, wherein it has been stated that after F.I.R. was lodged, the alleged abducted ladies along with their children were recovered on 19.01.2025 and their statements have been recorded under Section 180 BNSS and that medical examination has also been conducted. Instructions is kept on record. 5. In view of the above, 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