Neutral Citation No. - 2025:AHC-LKO:29150-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 4161 of 2025 Petitioner :- Shivam Nigam And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And Others Counsel for Petitioner :- Noorain Husain Khan(Niazi) 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 19.04.2025, lodged as F.I.R. No.115 of 2025, under Sections 316(2) and 318(2) ofB.N.S., 2023 at Police Station Bijnor, District Lucknow South (Commissionerate), Lucknow. 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 :- 16.5.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench