CRIMINAL MISC. WRIT PETITION No. 4012 of 2025 at Lucknow

Neutral Citation No. - 2025:AHC-LKO:27982-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 4012 of 2025 Petitioner :- Mukesh Rathor Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Rajiv Mishra,Shesh Nath Tiwari,Vijay Shankar Padey 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 02.01.2025 bearing F.I.R. No.1 of 2025, under Sections 323, 504, 506, 498-A of the I.P.C. and Sections 3/4 D.P. Act, Police Station Gomti Nagar, 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