DEEPAK KUMAR VISHWAKARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS
CRLP/6363/2025 · 2025-07-21
Sangeeta Chandra, Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 151182 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151182 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41584-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6363 of 2025 Petitioner :- Deepak Kumar Vishwakarma Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Devendra Pratap Upadhyay Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J.
1. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record.
2. Under challenge in this petition is the First Information Report dated 18.06.2025, lodged as F.I.R. No.0188 of 2025
for
the
offences
under
Sections 333/115(2)/352/351(3) B.N.S., at P.S. Sandana, District Sitapur.
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 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. . [Subhash Vidyarthi, J.] [Mrs. Sangeeta Chandra, J.] Order Date :- 21.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench