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2025 DAILYLAW 147192 (ALL)

SHIV SHANKAR @ BHOLA AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND OTHERS

CRLP/5401/2025 · 2025-06-19

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35849-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5401 of 2025 Petitioner :- Shiv Shankar @ Bhola And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Shwetabh Singh,Kunwar Virendra 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/respondent. 2. Under challenge in this petition is the First Information Report dated 15.06.2025, lodged as F.I.R. No.0133 of 2025, under Sections 115(2) & 351(2) of B.N.S. at Police Station- Jankipuram, District Lucknow. 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 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 :- 19.6.2025 akhilesh/- Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench