Allahabad HC directs police to follow Section 35(3) BNSS (Section 41A Cr.P.C.) and Arnesh Kumar guidelines for offences punishable up to 7 years.
Direction to police authorities to follow mandate of Section 35(3) BNSS (Section 41A Cr.P.C.) and Arnesh Kumar guidelines. ¶¶10
The petition is disposed of with a direction to the police authorities concerned to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 41A Cr.P.C.) and the directions issued by the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273. ¶¶10
Neutral Citation No. - 2025:AHC-LKO:6824-DB
Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 874 of 2025
Petitioner :- Mukhtar Ahmad Abdul Kadir Khan And Anothers Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others
Counsel for Petitioner :- Mohd. Vakar Khan 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 11.01.2025 bearing F.I.R./ Case Crime No.0013 of 2025, under Section 303(2) of B.N.S., 2023, Police Station Kudwar, District Sultanpur.
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 :- 31.1.2025 Shubhankar
Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the police authorities should follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 41A Cr.P.C.) for offences carrying sentence up to 7 years imprisonment.¶¶9
Colour shows how this judgement treated each authority
Arnesh Kumar vs. State of BiharRelied on¶¶10
Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273 · Who else cites this
3 provisions across 3 enactments
How this case reached the court
First Information Report dated 11.01.2025 bearing F.I.R./ Case Crime No.0013 of 2025, under Section 303(2) of B.N.S., 2023, Police Station Kudwar, District Sultanpur¶¶8
Police Station Kudwar, District Sultanpur · 11.01.2025
As recorded by the court registry
2 orders share this CNR
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