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2025 DAILYLAW 152302 (ALL)

SAMAR PAL @ NANHE v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

CRLP/6513/2025 · 2025-07-23

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42365-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6513 of 2025 Petitioner :- Samar Pal @ Nanhe Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Dhananjay Trivedi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated 02.07.2025, lodged as F.I.R. No.0292/2025 for the offences under Sections 126(2), 115(2), 117(2), 324(5) and 351(3) of the B.N.S., at P.S. Pali, District Hardoi. 3. Learned counsel for the petitioner 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 :- 23.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench