BIRENDRA KUMAR YADAV AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO AND OTHERS
CRLP/6129/2025 · 2025-07-09
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150341 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150341 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39087-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6129 of 2025 Petitioner :- Birendra Kumar Yadav And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And Others Counsel for Petitioner :- Mohit Sharma,Mukul Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj 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 27.06.2025 arising out of Case Crime No. 201/2025 under Sections 74, 115(2), 333, 351(2), 352, 324(2) of B.N.S., 2023 and Section 7/8 of POCSO Act, Police Station Tarabganj, District Gonda.
3. Learned counsel for the petitioners 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 seven 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. (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 9.7.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench