CRIMINAL MISC. WRIT PETITION No. 3923 of 2025 at Lucknow

Neutral Citation No. - 2025:AHC-LKO:27977-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 3923 of 2025 Petitioner :- Raj Kumar Namdeo Respondent :- State Of U.P. Thru. Secretary, Home Deptt. Lko And Others Counsel for Petitioner :- Dinesh Kr. Sharma,Arshad Hafeez Khan Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,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 11.12.2024 bearing F.I.R. No.0203 of 2024, under Sections 406 and 420 of the I.P.C., Police Station Babu Banarsidas, District Lucknow. 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 Bharatiya Nag