Shiv Shankar @ Bhola and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others
Case brief
What is this about?
Allahabad High Court, Lucknow Bench, Court No. 1 (double bench); Neutral Citation 2025:AHC-LKO:35849-DB; CRIMINAL MISC. WRIT PETITION No. 5401 of 2025, Order Date 19.6.2025; Bench: Attau Rahman Masoodi and Subhash Vidyarthi, JJ.; Shiv Shankar @ Bhola and another v. State of U.P. (Addl. Chief Secy. Home Lko. and others); FIR No.0133 of 2025 dated 15.06.2025 under Sections 115(2) & 351(2) of BNS, PS Jankipuram, Lucknow; prayer confined to Section 35(3) BNSS / Section 41A CrPC arrest-procedure compliance for offences up to 7 years; Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 applied; disposed with compliance direction; counsel: Shwetabh Singh, Kunwar Virendra Singh (petitioners); G.A./A.G.A. (State).
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.), together with the directions issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.