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2025 DAILYLAW 151091 (ALL)

JAG PRASAD AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY./ADDL. CHIEF SECY. DEPTT. OF HOME, LKO. AND OTHERS

CRLP/6261/2025 · 2025-07-18

Attau Rahman Masoodi, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41267-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 6261 of 2025 Petitioner :- Jag Prasad And Others Respondent :- State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. Deptt. Of Home, Lko. And Others Counsel for Petitioner :- Kunwar Bahadur 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 5.7.2025 registered as Case Crime/F.I.R. No. 0162 of 2025 under Sections 191(2), 191(3), 115(2), 110 of the B.N.S., police station Katra Bazar, district Gonda. 3. Learned counsel for the petitioner 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.) (Attau Rahman Masoodi,J.) Order Date :- 18.7.2025/kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench