CRIMINAL MISC. WRIT PETITION No. 5298 of 2025 at Lucknow

Neutral Citation No. - 2025:AHC-LKO:35750-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5298 of 2025 Petitioner :- Shivnandan Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Petitioner :- Anil Mishra,Vineet Kumar Verma Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated 01.06.2025 bearing F.I.R. No.0131 of 2025, under Section 74 of BNS, 7/8 POCSO Act and 3(1)(w) & 3(2)(Va) SC/ST Act, Police Station Risia, District Bahraich. 3. Learned counsel for the petitioner confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of 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 Bharati