CRIMINAL MISC. WRIT PETITION No. 5071 of 2025 at Lucknow

Neutral Citation No. - 2025:AHC-LKO:35611-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5071 of 2025 Petitioner :- Ayush Sinha Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Rahul Kapoor,Kapil Kandpal Counsel for Respondent :- G.A.,Shesh Mani Shukla Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. Under challenge in this petition is the First Information Report dated 01.06.2025 registered as Case Crime/F.I.R. No. 0189 of 2025 under Sections 316 (2), 318 (4), 351 (3) and 115 (2) of B.N.S, Police Station Aashiyana District Lucknow. 3. Learned counsel for the petitioner confines his prayer for issuing a direction to the police authorities to follow the mandate of Section 35(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023(corresponding Section 41A Cr.P.C.) for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment. 4. Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 35(3) of Bhar