ANUJ KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/6242/2025 · 2025-07-18
Attau Rahman Masoodi, Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 150759 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150759 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41297-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 6242 of 2025 Petitioner :- Anuj Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Nisha Srivastava 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.
2. Under challenge in this petition is the First Information Report dated 31.05.2025 registered as Case Crime/F.I.R. No. 0173 of 2025 under Sections 85, 82 (1), 115(2), 352 B.N.S., Police Station Baddupur District Barabanki.
3. Learned counsel for the petitioner confined his prayer for issuing a direction to the police authorities to follow the mandate of Section 35(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023(corresponding Section 41 A 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.) (Attau Rahman Masoodi,J.) Order Date :- 18.7.2025/Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench