Neutral Citation No. - 2025:AHC-LKO:37674-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5881 of 2025 Petitioner :- Sushil Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Rakesh Pathak,Vijay Pathak Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A., who appears on behalf of State-respondents. 2. This petition has been filed with the following prayers :- "I. Issue a writ, order or direction in the nature of certiorari quashing the First Information report lodged at Crime/F.I.R. No.0260/2025 under Section 318(4), 336(2) of Bhartiya Nayay Sanhita & 29(1)(a) of Insecticide & Pesticides Act, 1968 lodged in Police Station Lambhua, District Sultanpur contained as Annexure No.1 to this petition so far it relates to petitioner. II. Issue writ order or direction in the nature mandamus commanding the Opposite party no.3 not to arrest to petitioner in Crime/F.I.R. No.0260/2025 under Section 318(4), 336(2) of Bhartiya Nayay Sanhita & 29(1)(a) of Insecticide & Pesticides Act, 1968 lodged in Police Station Lambhua, District Sultanpur." 3. 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. 4. Learned A.G.A. has produced before this Court instructions sent by Dharmendra Kumar Mishra, Inspector, Police Station Lambhua, District Sultanpur indicating that the petitioner has a long criminal history of 9 cases. 5. Instructions are kept on record. 6. 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 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench