Alok Prajapati Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Alok Prajapati Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the police authorities should be directed to follow the mandate of Section 35(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (corresponding to Section 41A Cr.P.C.) and to give the petitioner the benefit of Arnesh Kumar v. State of Bihar ((2014) 8 SCC 273) in respect of FIR No. 0141 of 2025, the offences in which carry a sentence of up to seven years' imprisonment.

Court's answer

The Court dismissed the writ petition, declining to grant the prayed-for direction regarding Section 35(3) BNSS/Arnesh Kumar safeguards, while expressly leaving it open to the petitioner to approach the appropriate Forum; the dismissal follows ('Accordingly') upon the State's instructions dated 24.07.2025 recording addition of Section 109(1) BNS, though no reasons are separately recorded.

Ratio / Principle

In view of the order proposed to be passed, issuance of notice to Opposite Party No. 4 was dispensed with.

Detailed headnote1 paragraphs

Criminal Misc. Writ Petition No. 6682 of 2025 (Neutral Citation 2025:AHC-LKO:43119-DB), High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Mrs. Sangeeta Chandra and Hon'ble Brij Raj Singh, JJ.; Order Date 25.7.2025): Alok Prajapati challenged the First Information Report dated 13.05.2025 (FIR No. 0141 of 2025) lodged by Opposite Party No. 4 at P.S. Ahirauli, District Ambedkar Nagar under Sections 115(2), 352, 351(3) and 110 B.N.S. 2023. Counsel confined the prayer to a direction that the police follow Section 35(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) and give the benefit of Arnesh Kumar v. State of Bihar ((2014) 8 SCC 273), the FIR offences carrying sentence of upto 7 years. The learned A.G.A. produced written instructions dated 24.07.2025 of Shri Shubham Kumar Mishra, Sub-Inspector, P.S. Ahirauli, stating that after examination of the Medico Legal Certificate of the injured, Section 109(1) BNS had been added; the instructions were kept on record. Notice to Opposite Party No. 4 was dispensed with and the Court dismissed the petition, leaving the petitioner free to approach the appropriate Forum; no detailed reasons were recorded.

Neutral Citation No. - 2025:AHC-LKO:43119-DB

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 6682 of 2025

Petitioner :- Alok Prajapati Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Petitioner :- Anil Kumar Maurya, Priyanshi Maurya Counsel for Respondent :- G.A.

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

(1) Heard learned counsel for the petitioner, learned A.G.A for the State-respondent nos.1, 2 and 3 and perused the record.

(2) In view of the order proposed to be passed, the issuance of notice to the Opposite party no.4 is dispensed with.

(3) Under challenge in this petition is the First Information Report dated 13.05.2025 lodged by the Opposite party no.4 at F.I.R. No.0141 of 2025, under Sections 115(2), 352, 351(3), 110 B.N.S. of 2023 at P.S. Ahirauli, District Ambedkar Nagar.

(4) Learned counsel for the petitioner confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of Bhartiya Nagrik Suraksha Sanhita, 2023, (corresponding Section 41A Cr.P.C.) and give the benefit of the judgement rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273, for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment.

(5) However, the learned A.G.A. appearing for the Staterespondents has produced before this Court written instructions dated 24.07.2025 sent by Shri Shubham Kumar Mishra, Sub-Inspector of Police Station Ahirauli, District Ambedkar Nagar, wherein it has been stated that after examination of Medico Legal Certificate of the injured Section 109(1) of BNS has been added.

(6) The instructions are kept on record.

(7) Accordingly, we dismiss this petition leaving it open for the petitioner to approach the appropriate Forum.

Order Date :- 25.7.2025 N.PAL

Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench