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2025 DAILYLAW 140423 (ALL)

JITENDRA v. State of U.P. THRU PRINCIPAL SEC. HOME AND 6 OTHERS

CRLP/4141/2025 · 2025-05-16

Ajai Kumar Srivastava I, Attau Rahman Masoodi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:29156-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 4141 of 2025 Petitioner :- Jitendra Respondent :- State Of U.P. Thru Principal Sec. Home And 6 Others Counsel for Petitioner :- Devendra Pratap,Saad Husain,Shashank Shekhar Singh 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 23.04.2025, lodged as F.I.R. No.0187 of 2025, under Sections 115(2), 352 and 351(3) of B.N.S., 2023 at Police Station Achalganj, District Unnao. 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 :- 16.5.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench