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2025 DAILYLAW 139546 (ALL)

SATYAM VERMA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/4023/2025 · 2025-05-12

Ajai Kumar Srivastava I, Attau Rahman Masoodi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27986-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 4023 of 2025 Petitioner :- Satyam Verma And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Vishal Kumar Yadav,Santosh Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioners, learned A.G.A for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated 11.04.2025 bearing F.I.R. No.98 of 2025, under Sections 74, 333, 352, 115(2), 351(3) of the B.N.S., Police Station Motigarpur, District Sultanpur. 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. [Ajai Kumar Srivastava-I, J.] [Attau Rahman Masoodi, J.] Order Date :- 12.5.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench