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2025 DAILYLAW 146512 (ALL)

NITESH KUMAR VISHWAKARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

CRLP/5277/2025 · 2025-06-18

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35741-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5277 of 2025 Petitioner :- Nitesh Kumar Vishwakarma Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Avinash Kumar Srivastava 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/respondent. 2. Under challenge in this petition is the First Information Report dated 27.03.2025, lodged as F.I.R. No.0035 of 2025, under Sections 281, 125(a), 125(b) of B.N.S. at Police Station- Mawai, District Ayodhya. 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. . (Subhash Vidyarthi, J.) (Attau Rahman Masoodi, J.) Order Date :- 18.6.2025 akhilesh/- Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench