Neutral Citation No. - 2025:AHC-LKO:37481-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5857 of 2025 Petitioner :- Manoj Kumar Respondent :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Soniya Mishra Soni Pathak Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Learned A.G.A. has placed before this Court instructions sent by Shri Ram Autar, Sub Inspector/Investigating Officer, Police Station Asiwan, Unnao, which are taken on record. 2. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record. 3. Under challenge in this petition is the First Information Report dated 23.06.2025 bearing Case Crime No.205 of 2025, under Sections 115(2), 352, 351(3) of B.N.S., 2023, Police Station Asiwan, 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 seven 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. (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 3.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench