TILAK @ TILAK RAM AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/6761/2025 · 2025-07-30
Brij Raj Singh, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 153509 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153509 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43913-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6761 of 2025 Petitioner :- Tilak @ Tilak Ram And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Jagroopan Nishad Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Vakalatnama filed by hri Sandeep Singh, Advocate on behalf of opposite party no.4 today is taken on record.
2. Heard learned counsel for the petitioners, learned A.G.A for the State, Shri Sandeep Singh,
learned counsel for the opposite party no.4 and perused the record.
3. Under challenge in this petition is the First Information Report dated 11.07.2025, lodged as F.I.R./Case Crime No.0210 of 2025 for the offences under Sections 115(2), 352, 351(3), 333, 324(4), 118(1) of BNS at Police Station Kaisarganj, District Bahraich.
4. 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 7 years of imprisonment.
5. 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 :- 30.7.2025/Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench