NITIN DHANUK AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO AND OTHERS
CRLP/6827/2025 · 2025-07-29
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154176 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154176 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43841-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6827 of 2025 Petitioner :- Nitin Dhanuk And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Deepak Kumar,Abhishek Shukla,Rohit Kumar Sahu 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 4.07.2025 registered as Case Crime No. 298 of 2025 U/s 333, 74, 115 (2), 352, 351 (3) BNS 2023 and 7/8 of the POCSO Act Police Station Pali District- Hardoi.
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 :- 29.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench