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2025 DAILYLAW 153537 (ALL)

MOHD. AKMAN AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/6691/2025 · 2025-07-25

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42932-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6691 of 2025 Petitioner :- Mohd. Akman And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Shiv Prakash Mishra,Abhay Kumar Pandey,Ashish Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated 15.07.2025, lodged as F.I.R. No.136 of 2025 for the offences under Sections 325 of the B.N.S. and Section 9 and 51 of the Wild Life (Protection) Act, at P.S. -Hathiganwa, District -Pratapgarh 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 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 :- 25.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench