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2025 DAILYLAW 118560 (ALL)

VIRENDRA PRATAP AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/516/2025 · 2025-01-23

Om Prakash Shukla, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4600-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 516 of 2025 Petitioner :- Virendra Pratap And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Brijesh Kumar Yadav,Surya Prakash Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the petitioners, learned A.G.A who appears for the State-Respondent nos.1, 2 and 3 and perused the record. 2. There is no need to issue notice to the Opposite party no.4, hence the same is dispensed with. 3. Under challenge in this petition is the First Information Report dated 20.12.2024, lodged as F.I.R./Case Crime No.0504/2024 for the offences under Sections 110, 3(5), 115(2), 352, 351(2), 351(3) of the B.N.S. at P.S. Gosaiganj, District Sultanpur. 4. Learned A.G.A., on the basis of written instructions received by him from the Investigating Officer Shri Drivesh Trivedi of Police Station Gosainganj, District Sultanpur, says that the injuries are simple in nature. The instructions are kept on record. 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 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. 6. 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 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench