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2025 DAILYLAW 153027 (ALL)

VIDYA PRASAD AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/6624/2025 · 2025-07-24

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43036-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6624 of 2025 Petitioner :- Vidya Prasad And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Ram Karan Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners and learned A.G.A for the State. 2. Under challenge in this petition is the First Information Report No. 0232/2025 dated 12.07.2025, under Sections 115(2), 118(1), 352 B.N.S. 2023 and Section 3(1)D, 3(1)DH & 3(2)(Va) of the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station-Haidergarh, 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 :- 24.7.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench