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2025 DAILYLAW 121098 (ALL)

RAM SANEHI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

CRLP/968/2025 · 2025-02-05

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7314-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 968 of 2025 Petitioner :- Ram Sanehi And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Petitioner :- Hom Narayan Awasthi Counsel for Respondent :- G.A. 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 08.12.2024, lodged as F.I.R. No.0610/2024 for the offences under Sections 319(2), 318(4), 131, 352, 351(3) of B.N.S., 2023, at P.S. Kotwali Dehat, District Bahraich. 3. 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. 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. Order Date :- 5.2.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench