Neutral Citation No. - 2025:AHC-LKO:36542-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5438 of 2025 Petitioner :- Ram Nihore Chaudhary @ Ram Nihor and 3 others Respondent :- State of U.P. Thru. Prin. Secy. Home Lko. and 3 others Counsel for Petitioner :- Sachin Verma,Praveen Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Vakalatnama filed by Shri Ramesh Kumar Mishra and Shri Achyatma Singh on behalf of opposite party No.4 is taken on record. 2. Heard learned counsel for the petitioners, learned A.G.A for the State, Shri Ramesh Kumar Mishra and Shri Adhyatma Singh for opposite party No.4 and perused the record. 3. Under challenge in this petition is the First Information Report dated 06.06.2025 bearing Case Crime No.0246 of 2025, under Sections 329(3), 115 (2), 352, 351 (2) Bhartiya Nyaya Sanhita, 2023 and Sections 3(1)(da), 3(1)(gha) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station- Kotwali Nagar, District-Raibareli. 4. 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. 5. 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 :- 26.6.2025 Jyotsana (Kshitij Shailendra, J.) (Pankaj Bhatia, J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad, Lucknow Bench