Writ petition seeking compliance with arrest safeguards in respect of an FIR under BNS 2023 offences carrying up to seven years' imprisonment. The court disposed of the petition directing police to follow Section 35(3) BNSS and the Arnesh Kumar guidelines.
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Neutral Citation No. - 2025:AHC-LKO:35831-DB
Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5246 of 2025 Petitioner :- Sonu And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Shiv Pal Singh,Anurag Singh Counsel for Respondent :- G.A.
Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.
[Subhash Vidyarthi,J.] [Attau Rahman Masoodi, J.]
Order Date :- 19.6.2025 kanhaiya
Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Should police follow Section 35 BNSS (41A CrPC) procedure for FIR offences punishable up to 7 years before arrest?
Colour shows how this judgement treated each authority
Arnesh Kumar Vs. State of BiharRelied on
Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273 · Who else cites this
3 provisions across 3 enactments
Sonu And Others
State Of U.P. Thru. Prin. Secy. Home Lko And Others
Attau Rahman Masoodi
Subhash Vidyarthi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
