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2025 DAILYLAW 120782 (ALL)

ANWAR RAJA THRU. HIS NATURAL GUARDIAN FATHER SHER MOHD. v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPT. OF HOME AND 3 OTHERS

/896/2025 · 2025-01-31

Sangeeta Chandra, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6854-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 896 of 2025 Petitioner :- Anwar Raja Thru. His Natural Guardian Father Sher Mohd. Respondent :- State Of U.P. Thru. Addl. Chief Secy. Dept. Of Home And 3 Others Counsel for Petitioner :- Neeraj Tewari,Tauqueer Alam Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J. 1. Instructions filed by the learned A.G.A. are taken on record. 2.Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record. 3. Under challenge in this petition is the First Information Report dated 16.11.2024, lodged as F.I.R. No. 0240/2024 for the offences under sections 281 and 106(1) of B.N.S., at P.S.-Utraula, District -Balrampur. 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 :- 31.1.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench