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2025 DAILYLAW 122190 (ALL)

ANAND KUMAR SINGH @ ANNU SINGH v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO AND OTHERS

CRLP/1057/2025 · 2025-02-07

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8092-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1057 of 2025 Petitioner :- Anand Kumar Singh @ Annu Singh Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko And Others Counsel for Petitioner :- Dinesh Kr. Chaudhary,Ripu Daman Shahi 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 and learned A.G.A. for the State/respondent. 2. The instant writ petition has been filed by the petitioner with the following main relief:- "a. A writ, order or direction in the nature of certiorari to quash impugned First Information Report registered at FIR/Case Crime No.0025/2025, Under Section- 303(2),317(2) B.N.S., & 26,41,42,52 Forest Act 1927 and 27, 29, 31, 51 Wildlife Protection Act, 1972, Police Station- Tulsipur, District-Balrampur dated 29.01.2025 lodged by opposite party no.3 against the Petitioner which is contained as ANNEXURE NO.1 to this petition. b. A writ order or direction in the nature of mandamus thereby commanding to the opposite parties no.1 and 2 not to arrest to Petitioner in FIR/Case Crime No.0025/2025, Under Section-303(2),317(2) B.N.S., & 26,41,42,52 Forest Act 1927 and 27, 29, 31, 51 Wildlife Protection Act, 1972, Police Station- Tulsipur, District- Balrampur dated 29.01.2025 lodged by opposite party no.3 against the Petitioner." 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 B.N.S.S., 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 B.N.S.S., 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 :- 7.2.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench