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2025 DAILYLAW 146689 (ALL)

MOHD. RASHEED v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS

CRLP/5335/2025 · 2025-06-23

Kshitij Shailendra, Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36017-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5335 of 2025 Petitioner :- Mohd. Rasheed Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Petitioner :- Syed Raza Mehdi Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 30.05.2025 registered as Case Crime No. 160 of 2025, under Sections 110, 115(2) 117(2), 126(2) and 74 B.N.S.-2023, Police Station Raniganj, District Pratapgarh and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 3. Learned counsel for the petitioners 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. Order Date :- 23.6.2025 Sazia (Kshitij Shailendra, J) (Pankaj Bhatia, J) Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad, Lucknow Bench