NAAN DWIVEDI @ UMESH CHANDRA DWIVEDI AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND OTHERS
CRLP/6595/2025 · 2025-07-23
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152882 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152882 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42395-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6595 of 2025 Petitioner :- Naan Dwivedi @ Umesh Chandra Dwivedi And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Rajendra Singh Chauhan Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner(s) learned A.G.A for the State and perused the record.
2. Under challenge in this petition is the First Information Report dated 13.07.2025 bearing Case Crime No.286 of 2025, under Sections 333, 74, 115(2), 352, 351(3) of B.N.S. and Section 3(2)(va) of the S.C./S.T. Act, Police Station Ajgain, District Unnao.
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. 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; (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