MANGLESH PANDEY IN FIR MANGESH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 3 OTHERS
CRLP/6669/2025 · 2025-07-25
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153535 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153535 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42893-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6669 of 2025 Petitioner :- Manglesh Pandey In Fir Mangesh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Petitioner :- Dwijendra Mishra,Rajneesh Mishra 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-respondent nos.1, 2 and 3 and perused the record. (2) In view of the order proposed to be passed, the issuance of notice to the Opposite party no.4 is dispensed with. (3) Under challenge in this petition is the First Information Report dated 18.07.2025 lodged at Case Crime No.0355 of 2025, under Sections 191(2), 115(2), 351(3), 352 of the B.N.S. of 2023 at P.S. Chinhat, District Lucknow East (Commissionerate Lucknow). (4) Learned counsel for the petitioner confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of Bhartiya Nagrik 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 Bhartiya Nagrik 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 :- 25.7.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench