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2025 DAILYLAW 139539 (ALL)

ABHISHEK @ ABHISHEK GIRI (MINOR ) THRU. HIS NATURAL GUARDIAN/FATHER VRAJ KISHORE GIRI @ HIRAMAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 5 OTHERS

CRLP/4032/2025 · 2025-05-12

Ajai Kumar Srivastava I, Attau Rahman Masoodi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27988-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 4032 of 2025 Petitioner :- Abhishek @ Abhishek Giri (Minor ) Thru. His Natural Guardian/Father Vraj Kishore Giri @ Hiraman Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others Counsel for Petitioner :- Touqeer Ahmad,Sandeep Kumar Ojha,Shahbaz Salam,Shubham Dixit 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 and learned A.G.A. for the State/respondent. 2. Under challenge in this petition is the First Information Report dated 30.04.2025, lodged as F.I.R. No.0163 of 2025, under Section 74 of B.N.S. and Section 9g/10 of POCSO Act at Police Station Bakshi Ka Talab, 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 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. (A. K. Srivastava-I,J.) (A. R. Masoodi,J.) Order Date :- 12.5.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench