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2025 DAILYLAW 151886 (ALL)

HANEEF SALMANI @ HANEEF AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND OTHERS

CRLP/6416/2025 · 2025-07-22

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41793-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6416 of 2025 Petitioner :- Haneef Salmani @ Haneef And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Sandeep Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated 05.04.2025, lodged as F.I.R./Case Crime No.0089 of 2025 for the offences under Sections 115(2), 352, 351(3) of BNS at Police Station Fakharpur, District Bahraich. 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. Order Date :- 22.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench