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2025 DAILYLAW 149269 (ALL)

SHAFI SARVAR ANSARI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/5968/2025 · 2025-07-08

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38673-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5968 of 2025 Petitioner :- Shafi Sarvar Ansari Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated 24.06.2025, lodged as F.I.R. No.280/2025 for the offences under Section 316(4) B.N.S., at P.S. Pali, District Hardoi. 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. 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 :- 8.7.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench