HARI SHANKAR @ HARIOM KISAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO AND OTHERS
CRLP/5990/2025 · 2025-07-04
Attau Rahman Masoodi, Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 149220 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 149220 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37942-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5990 of 2025 Petitioner :- Hari Shankar @ Hariom Kisan Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And Others Counsel for Petitioner :- Alok Kumar Mishra,Anjali Pandey Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State/respondent.
2. Under challenge in this petition is the First Information Report dated 17.05.2025, lodged as F.I.R. No.0215 of 2025, under Sections 115(2), 352, 351(3) & 110 of B.N.S. at Police Station-Bilgram, District-Hardoi.
3. Learned counsel for the petitioner confined his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of B.N.S.S., 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. Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 35(3) of B.N.S.S., 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 akhilesh/- Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench