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2025 DAILYLAW 151747 (ALL)

RAHUL TIWARI @ CHHOTU AND 3 OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS

CRLP/6413/2025 · 2025-07-17

Attau Rahman Masoodi, Shree Prakash Singh

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Neutral Citation No. - 2025:AHC-LKO:41045-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 6413 of 2025 Petitioner :- Rahul Tiwari @ Chhotu And 3 Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Punit Kumar Shukla,Priyanka 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 20.06.2025 registered as Case Crime/F.I.R. No. 0157 of 2025 under Sections 78(2), 296, 115(2), 351(3) of the B.N.S., 2023 and 7/8 POCSO Act police station Mishrit district Sitapur. 3. Learned counsel for the petitioners 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.) (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