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2025 DAILYLAW 147937 (ALL)

RADHEYLAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS

CRLP/5665/2025 · 2025-07-01

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36891-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5665 of 2025 Petitioner :- Radheylal And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Sagar Singh,Shri Ram Maurya Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A who appears for the State-Respondent nos.1, 2 and 3 and perused the record. 2. There is no need to issue notice to the Opposite party no.4, hence the same is dispensed with. 3. Under challenge in this petition is the First Information Report dated 11.6.2025, lodged as Case Crime No.0333/2025 for the offences under Sections 115 (2), 352, 351 (3) of BNS and section 3 (2) (va) of the SC/ST Act registered at P.S. Bangarmau, District Unnao. 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 :- 1.7.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench