Dinesh Srivastava Alias Dinesh Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Civil Sectt., Lko. and Others
Case brief
What is this about?
Writ petition under Article-free criminal miscellaneous jurisdiction, Allahabad High Court Lucknow Bench, DB order dated 16.5.2025; FIR No.0061 of 2025 dated 27.04.2025, PS Ram Janam Bhoomi, Ayodhya, Sections 191(2)/333/305/324(4)/352/351(3) B.N.S. 2023 (offences up to 7 years); petitioner Dinesh Srivastava alias Dinesh Kumar; counsel confined prayer to Section 35(3) BNSS / Section 41A Cr.P.C. arrest-safeguard compliance; petition disposed with direction to police to follow S.35(3) BNSS and Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 directions; no arrest-quashing relief; useful for searches on FIR-not-quashed disposals, notice-before-arrest mandates for up-to-seven-year offences, post-BNS procedural directions.
What did the court decide?
Direction to the police authorities concerned to follow the mandate of Section 35(3) of B.N.S.S. (corresponding Section 41A Cr.P.C.) and the Supreme Court's directions in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273; the FIR itself was not cancelled or ordered to be withdrawn.