Allahabad High Court
Ankit Rastogi And Another vs State Of U.P. Thru. Secy. Deptt. Of Home ... on 31 January, 2025
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:6863-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 902 of 2025 Petitioner :- Ankit Rastogi And Another Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home And 2 Others Counsel for Petitioner :- Akhand Pratap Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Shree Prakash 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 22.01.2025, lodged as F.I.R. No. 015/2025 for the offences under sections 329(3)/318(4)/314 of B.N.S. at P.S.-Husainganj, District -Lucknow.
3. Learned counsel for the petitioner 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 :- 31.1.2025 AKS