ANAND KUMAR GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 3 OTHERS
CRLP/6741/2025 · 2025-07-28
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153617 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153617 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43251-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6741 of 2025 Petitioner :- Anand Kumar Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Petitioner :- Bipin Kumar Tiwari 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 14.07.2025, lodged as F.I.R./Case Crime No.203 of 2025 for the offences under Section 131 of B.N.S., 2023 and 3/7 of Essential Commodities Act at Police Station Cantt, District Ayodhya.
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 :- 28.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench