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2025 DAILYLAW 154210 (ALL)

INDAL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/6811/2025 · 2025-07-31

Brij Raj Singh, Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44326-DB Court No. - 11 Case :- CRIMINAL MISC. WRIT PETITION No. - 6811 of 2025 Petitioner :- Indal Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Anurag Singh Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Brij Raj Singh,J. 1. Heard Shri Anurag Singh, learned counsel for the petitioner as well as Shri Arun Kumar Pandey, learned A.G.A for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated 01.05.2025 bearing Case Crime No.0232 of 2025, under Sections 316(2), 318(4), 352, 351(2) of B.N.S., Police Station Safdarganj, District Barabanki. 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.) (Rajesh Singh Chauhan,J.) Order Date :- 31.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench