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2025 DAILYLAW 119377 (ALL)

BHARAT KHERIA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AFFAIRS GOVT. OF U.P. LKO. AND OTHERS

CRLP/673/2025 · 2025-01-29

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5967-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 673 of 2025 Petitioner :- Bharat Kheria And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Affairs Govt. Of U.P. Lko. And Others Counsel for Petitioner :- Aditya Mohan Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard the learned counsel for the petitioners, learned A.G.A for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated 15.12.2024 bearing F.I.R. No.0944 of 2024, under Sections 115(2), 352, 351(3) and 126(2) B.N.S., Police Station Kotwali, District Unnao. 3. Learned counsel for the petitioners 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. (Ajai Kumar Srivastava-I, J.) (Sangeeta Chandra, J.) Order Date :- 29.1.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench