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2025 DAILYLAW 147537 (ALL)

ANEES AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/5581/2025 · 2025-06-24

Kshitij Shailendra, Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36254-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5581 of 2025 Petitioner :- Anees And 5 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Amit Kumar Singh,Sameer Kumar Upadhyay Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioners and learned AGA for the State. 2. Present petition seeks issuance of a writ in the nature of certiorari quashing FIR No.0174 of 2025, under Sections 85, 115(2), 352, 351(3) BNS and Section 3/4 D.P. Act, Police Station Rudauli, District Ayodhya. 3. Contention of learned counsel for the petitioners is that the offences alleged are punishable for a term less than seven years and the police is, however, trying to arrest the petitioners which is contrary to the mandate of Section 35(3) of BNSS. 4. In view of the specific directions of the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, present petition is disposed off with direction that the police shall ensure strict compliance of Section 35(3) of BNSS while investigating the case. (Kshitij Shailendra, J) (Pankaj Bhatia, J) Order Date :- 24.6.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench