Neutral Citation No. - 2025:AHC-LKO:36332-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5313 of 2025 Petitioner :- Abhishek Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Rahul Mishra Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioners, learned A.G.A for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated 19.03.2025 bearing Case Crime No.0095 of 2025, under Sections 106(1), 281 of Bhartiya Nyaya Sanhita, 2023, Police Station - Ghazipur, District Lucknow. 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 off 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. Order Date :- 25.6.2025 nishant . (Kshitij Shailendra, J.) (Pankaj Bhatia, J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench