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2025 DAILYLAW 139640 (ALL)

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

CRLP/4039/2025 · 2025-05-12

Ajai Kumar Srivastava I, Attau Rahman Masoodi

body2025

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Neutral Citation No. - 2025:AHC-LKO:27991-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 4039 of 2025 Petitioner :- Satish Kumar Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 3 Others Counsel for Petitioner :- Sanjay Kumar Pandey,Akhand Pratap Pandey,Rohit Upadhyay 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 and learned A.G.A. for the State/respondent. 2. Under challenge in this petition is the First Information Report dated 01.05.2025, lodged as F.I.R. No.0066 of 2025, under Sections 115(2), 352, 351(2), 324(4) of B.N.S. and 3(1)(da) & 3(1)(Gha), 3(2)(VA) SC & ST Act at Police Station Bhale Sultan Shaheed Smark, District Amethi. 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 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