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2025 DAILYLAW 154072 (ALL)

SHYAM BIHARI AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/6788/2025 · 2025-07-29

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43606-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6788 of 2025 Petitioner :- Shyam Bihari And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Ramakar Shukla,Abhinav Singh 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-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 28.6.2025 lodged at Case Crime No.322 of 2025, under Sections 3(5), 329(3), 351(3) of the B.N.S. of 2023 at P.S. Kotwali Dehat, District Hardoi. (4) Learned counsel for the petitioners 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 :- 29.7.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench