Neutral Citation No. - 2025:AHC-LKO:43119-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6682 of 2025 Petitioner :- Alok Prajapati Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Petitioner :- Anil Kumar Maurya, Priyanshi Maurya 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 13.05.2025 lodged by the Opposite party no.4 at F.I.R. No.0141 of 2025, under Sections 115(2), 352, 351(3), 110 B.N.S. of 2023 at P.S. Ahirauli, District Ambedkar Nagar. (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.) and give the benefit of the judgement rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273, for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment. (5) However, the learned A.G.A. appearing for the State- respondents has produced before this Court written instructions dated 24.07.2025 sent by Shri Shubham Kumar Mishra, Sub-Inspector of Police Station Ahirauli, District Ambedkar Nagar, wherein it has been stated that after examination of Medico Legal Certificate of the injured Section 109(1) of BNS has been added. (6) The instructions are kept on record. (7) Accordingly, we dismiss this petition leaving it open for the petitioner to approach the appropriate Forum. Order Date :- 25.7.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench