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2025 DAILYLAW 121293 (ALL)

SARVESH KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

CRLP/940/2025 · 2025-02-05

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7285-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 940 of 2025 Petitioner :- Sarvesh Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Anil Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioners, learned A.G.A for the State and Sri Desh Deepak Singh, Advocate, who has filed power on behalf of the respondent no.4. 2. Under challenge in this petition is the First Information Report dated 09.01.2025, lodged as F.I.R. No.0014/2025 for the offences under Sections 316(2), 318(4) and 351(3) of the B.N.S., at P.S. P.G.I., District Lucknow. 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. Order Date :- 5.2.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench