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2025 DAILYLAW 146337 (ALL)

RISABH AGRAWAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO. AND 3 OTHERS

CRLP/5224/2025 · 2025-06-16

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35604-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5224 of 2025 Petitioner :- Risabh Agrawal Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And 3 Others Counsel for Petitioner :- Ajey Singh 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 5.6.2024 registered as Case Crime/F.I.R. No. 0223 of 2025 under Sections 125, 290, 318, 342, 349, 63 of the B.N.S., 2023, police station Bakshi Ka Talab, district Lucknow. 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 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench