KARAN SINGH KUSHVAHA v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO AND OTHERS
CRLP/6015/2025 · 2025-07-09
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149615 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149615 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38964-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6015 of 2025 Petitioner :- Karan Singh Kushvaha Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Others Counsel for Petitioner :- Suresh Chand Rathour 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 as well as Sri Jitendra Bahadur, Advocate who has filed power today on behalf of the opposite party no. 4 and perused the record.
2. Under challenge in this petition is the First Information Report dated 28.06.2025, lodged as F.I.R. No.241 of 2025 for the offences under Sections 319 (2), 318 (4), 316 (2) of the B.N.S., at P.S. Pasgawan, District Kheri.
3. Learned A.G.A. has produced before this Court the instructions sent by Sanjeev Kumar Tomar, Sub Inspector- Investigating Officer, P.S. Pasgawan, District Kheri. The instructions are kept on record.
4. After arguing at some length learned counsel for the petitioner submits that all the sections that have been invoked against the petitioner carrying a punishment of upto 7 years of imprisonment.
5. 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 :- 9.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench