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2025 DAILYLAW 147854 (ALL)

RAKESH SINGH AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS

CRLP/5585/2025 · 2025-06-24

Kshitij Shailendra, Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36253-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5585 of 2025 Petitioner :- Rakesh Singh And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Naveen Kumar Pandey 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. 0134 of 2025, under Sections 85, 352, 115(2), 109(1) BNS and Section 3/4 D.P. Act, Police Station Tarabganj, District Gonda. 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