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2025 DAILYLAW 139511 (ALL)

SWATI UNIYAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS

CRLP/4054/2025 · 2025-05-14

Ajai Kumar Srivastava I, Attau Rahman Masoodi

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28332-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 4054 of 2025 Petitioner :- Swati Uniyal Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Rahul Mishra Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,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 17.03.2025 bearing F.I.R. No.0077 of 2025, under Sections 85, 115(2), 351(3), 352 of the B.N.S. and Sections 3 and 4 D.P. Act, Police Station Bijnor, District Lucknow. 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. [Ajai Kumar Srivastava-I, J.] [Attau Rahman Masoodi, J.] Order Date :- 14.5.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench