Neutral Citation No. - 2025:AHC-LKO:42476-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6525 of 2025 Petitioner :- Mohammad Hasnain Kamal Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Ashish Kumar Singh,Sameeksha Chadha Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner as well as learned A.G.A for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated 08.07.2025 bearing Case Crime No.0202 of 2025, under Sections 352, 351(3), 356(2) of B.N.S., Police Station Kesarganj, District Bahraich. 3. Learned counsel for the petitioner(s) 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. Learned A.G.A. on the basis of written instructions sent by Shri Nitin Upadhyay, Sub Inspector/Investigating Officer, Police Station Kesarganj, Bahraich, has stated that the petitioner has a criminal history of five case besides the impugned F.I.R., which he has not disclosed in the writ petition. 5. Be that as it may, 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; (2014) 8 SCC 273. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 24.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench