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2025 DAILYLAW 154110 (ALL)

MUKESH SRIVASTAVA @ GYANENDRA PRATAP v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 2 OTHERS

CRLP/6736/2025 · 2025-07-28

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43212-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6736 of 2025 Petitioner :- Mukesh Srivastava @ Gyanendra Pratap Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others Counsel for Petitioner :- Pranshu Agrawal,Mohd. Yasir Abbasi 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 17.06.2025, lodged as F.I.R./Case Crime No.19 of 2025 for the offences under Sections 171, 419, 468, 471 I.P.C. and Section 66D of Information Technology Act, 2008 at Police Station Cyber Crime, District Bahraich. 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