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2025 DAILYLAW 145830 (ALL)

MATA PRASAD JUGGILAL JAISWAL @ MATA PRASAD J JAISWAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/5161/2025 · 2025-06-16

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35610-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5161 of 2025 Petitioner :- Mata Prasad Juggilal Jaiswal @ Mata Prasad J Jaiswal Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Mohd. Islam Khan,Mohd Tanveer Raza Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. Under challenge in this petition is the First Information Report dated 21.05.2025 registered as Case Crime/F.I.R. No. 0043 of 2025 under Sections 115(2), 351(3) BNS and 3/4 D.P.Act at Police Station Saidulla Nagar District Balrampur. 3. Learned counsel for the petitioner confines his prayer for issuing a direction to the police authorities to follow the mandate of Section 35(2) of the 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. (Subhash Vidyarthi,J. ) (Attau Rahman Masoodi,J.) Order Date :- 16.6.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench