SUNIL AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS
CRLP/5431/2025 · 2025-06-20
Attau Rahman Masoodi, Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147341 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147341 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35955-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5431 of 2025 Petitioner :- Sunil And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Petitioner :- Ramkripal Yadav 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 12.06.2025, lodged as F.I.R. No. 0274 of 2025, under Sections 3(5), 115(2), 110 of B.N.S., 2023 at Police Station-Ramnagar, District Barabanki.
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 :- 20.6.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench