Badam Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others
Case brief
What is this about?
Writ disposal without quashing: FIR (Case Crime No.237/2024, dated 01.08.2024, P.S. Harpalpur, District Hardoi) under Sections 106(1) B.N.S., 2023 and Section 34 National Medical Act; direction to police to follow Section 35(3) Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) and the Arnesh Kumar (2014) 8 SCC 273 directions; offences punishable upto 7 years; notice to opposite party/respondent no.4 dispensed. Search hooks: BNSS S.35(3) compliance; S.41A CrPC equivalent; Arnesh Kumar arrest guidelines; offences punishable up to seven years; FIR-safeguard writs.
What did the court decide?
Direction to the police authorities concerned to follow the mandate of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) and also the directions issued by the Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273.