SHIVBARAN SINGH @ GUDDU AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/6481/2025 · 2025-07-23
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152232 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152232 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42207-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6481 of 2025 Petitioner :- Shivbaran Singh @ Guddu And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Farooq Ayoob,Mansi Gupta 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 03.07.2025 bearing Case Crime No.226 of 2025, under Sections 333, 115(2), 352, 351(2), 324(2) of B.N.S., Police Station Jaidpur, District Barabanki.
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. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 23.7.2025/Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench