GURU ALIAS GURU PRASAD AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/5945/2025 · 2025-07-07
Attau Rahman Masoodi, Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 149418 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 149418 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38246-DB
Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5945 of 2025 Petitioner :- Guru Alias Guru Prasad And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Deo Raj 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 26.6.2025 registered as Case Crime/F.I.R. No. 0259 of 2025 under Sections 191(2), 115(2), 117(2), 352, 351(2), 76 of the B.N.S.,2023 and sections 3(1)(da), 3(1)(gha), 3(2) (va) of the S.C./S.T. Act, police station-Fardhan, district-Lakhimpur Kheri.
3. Learned counsel for the petitioners confines 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 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. (Shree Prakash Singh,J.) (A.R.Masoodi,J.) Order Date :- 7.7.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench