Mritunjay @ Mritunjay Sharma v. State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko. and 3 Others
Case brief
What is this about?
Criminal Misc. Writ Petition No. 5389 of 2025, Allahabad High Court (Lucknow Bench), Division Bench, decided 19.6.2025. Challenge to F.I.R. No.0129 of 2025 dated 30.05.2025 under Sections 316(2), 318(4) & 319(2) of B.N.S., Police Station-Ibrahimpur, District-Ambedkar Nagar. Prayer confined to compliance direction: police to follow Section 35(3) of B.N.S.S. corresponding to Section 41A Cr.P.C., applicable where offences carry sentence up to 7 years; Court also directed adherence to Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 directions. Disposition: petition disposed of with directions. Keywords: FIR challenge, arrest safeguards, Section 41A Cr.P.C., Section 35(3) BNSS, Arnesh Kumar guidelines, offences punishable up to seven years.
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 directions issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.