Neutral Citation No. - 2025:AHC-LKO:6174-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 618 of 2025 Petitioner :- Ashwanee Rai Respondent :- State Of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Manoj Kumar Dwivedi,Anil Kumar,Anurag Pandey Counsel for Respondent :- G.A.,Pradeep Kumar 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 01.12.2024, lodged as F.I.R./Case Crime No.0350 of 2024 for the offences under Sections 420, 406, 504, 506 of IPC at P.S. Wazirganj, District Lucknow Commissionerate (West) Lucknow. 3. Learned counsel appearing for the respondent does not dispute that the petitioner has cheated the respondent. 4. Be that as it may, since the offence that has been alleged in the F.I.R. is punishable upto 7 years of imprisonment only. 4. 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. 5. 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 :- 29.1.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench