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2025 DAILYLAW 146613 (ALL)

RAIS AHMAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/5294/2025 · 2025-06-18

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

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Neutral Citation No. - 2025:AHC-LKO:35754-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5294 of 2025 Petitioner :- Rais Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Mohd. Imran Khan,Mohd. Vakar Khan Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated 09.06.2025 bearing F.I.R. No.114 of 2025, under Sections 191(1), 115(2), 351(3) & 352 of BNS, Police Station Jarwal Road, District Bahraich. 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 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 :- 18.6.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench