Neutral Citation No. - 2025:AHC-LKO:40852-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 6296 of 2025 Petitioner :- Smt. Pramila @ Pramila Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Anil Kumar Tiwari 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 04.06.2025 registered as Case Crime/F.I.R. No. 119 of 2025 under Sections 69, 352, 351(3), 131, 3(5) BNS and 3(1)(Da), 3(1)(dha), 3(2)(va) SC ST Act Police Station Bhiti district Ambedkar Nagar. 3. The allegation levelled in the first information report against the petitioner do not make out case under section 69 BNS, prima facie. The rest of the offences, the protection of section 35(3) BNSS is applicable. 4. 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. 5. 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.) (A.R. Masoodi,J.) Order Date :- 17.7.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench