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2025 DAILYLAW 146052 (ALL)

SAKIRA BANO AND 7 OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND 3 OTHERS

CRLP/5254/2025 · 2025-06-19

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

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Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5254 of 2025 Petitioner :- Sakira Bano And 7 Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko And 3 Others Counsel for Petitioner :- Dinesh Kumar Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. Under challenge in this petition is the First Information Report dated 30.05.2025 registered as Case Crime/F.I.R. No. 194 of 2025 under Sections 115(2), 351(2), 352, 85 of the B.N.S., 2023 and Section 3/4 of the D.P. Act, police station Asandra, district Barabanki. 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 :- 19.6.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench