Neutral Citation No. - 2025:AHC-LKO:35928-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5338 of 2025 Petitioner :- Rajkamal (In Fir Rajkamal Rastogi) Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Lokendra Kumar Gupta,Mirza Humayun Qadar,Ravendra Pratap Singh Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. Under challenge in this petition is the First Information Report dated 25.04.2025, lodged as F.I.R. No.105 of 2025, under Sections 75(2), 115(2), 352, 324(2) of B.N.S. at Police Station - Chowk, 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 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 :- 20.6.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench