Neutral Citation No. - 2025:AHC-LKO:43954-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6751 of 2025 Petitioner :- Jai Shankar Awasthi And 2 Others Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko And 2 Others Counsel for Petitioner :- Vinod Kumar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner(s) as well as learned A.G.A for the State, Shri Narendra Gupta, who has put in appearance on behalf of respondent no.3 by filing his 'vakalatnama', which is taken on record and perused the record. 2. Under challenge in this petition is the First Information Report dated 15.07.2025 bearing Case Crime No.0214 of 2025, under Sections 303(2) of B.N.S. and Sections 2, 3 of the Prevention of Damage to Public Property Act, 1984, Police Station Taalgaon, District Sitapur. 3. Learned counsel for the petitioner(s) 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 seven 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; (2014) 8 SCC 273. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 30.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench