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2025 DAILYLAW 148971 (ALL)

SHREEKANT AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME AND OTHERS

CRLP/5913/2025 · 2025-07-04

Attau Rahman Masoodi, Shree Prakash Singh

body2025

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Neutral Citation No. - 2025:AHC-LKO:37835-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5913 of 2025 Petitioner :- Shreekant And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Madhulika Yadav,Devendra Kumar Singh,Diksha Singh Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. Under challenge in this petition is the First Information Report dated 28.01.2025 registered as Case Crime/F.I.R. No. 0050 of 2025 under Sections 281, 106, 125(a), 125(b) of the B.N.S., 2023, police station Purakalandar, district Ayodhya. 3. Learned counsel for the petitioners confined his prayer for issuing a direction to the police authorities to follow the mandate of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A CrPC) for the reason that the offences mentioned in the impugned First Information Report are punishable to a sentence 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 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. . (Shree Prakash Singh,J.) (Attau Rahman Masoodi,J.) Order Date :- 4.7.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench