Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 151186 (ALL)

BECHALAL @ BECHU LAL AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND OTHERS

CRLP/6319/2025 · 2025-07-21

Sangeeta Chandra, Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:41531-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6319 of 2025 Petitioner :- Bechalal @ Bechu Lal And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Ashok Kumar Singh,Rahul Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,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 registered as Case Crime No. 208/2025, under Sections 191(2), 115(2), 117(2), 110, 351(3) B.N.S., Police Station Kakori, District Lucknow. 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. (Subhash Vidyarthi,J.) (Sangeeta Chandra,J.) Order Date :- 21.7.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench