BABLU GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/6565/2025 · 2025-07-24
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152669 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152669 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42627-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6565 of 2025 Petitioner :- Bablu Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Chandra Bhushan,Praveen Kumar Tripathi 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 12.07.2025, lodged as F.I.R. No.0148/2025 for the offences under Sections 191(2), 115(2), 351(2) and 352 of the B.N.S. and Sections 3(1)(da), 3(1)(gha), 3(2)(va) of the S.C./S.T. Act, at P.S. Aligang, District Lucknow North (Commissionerate Lucknow).
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 :- 24.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench