CRIMINAL MISC. WRIT PETITION No. 4060 of 2025 at Lucknow

Neutral Citation No. - 2025:AHC-LKO:28336-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 4060 of 2025 Petitioner :- Devendra Singh Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Roshan Babu Gupta 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 01.05.2025 bearing F.I.R. No.0125 of 2025, under Section 353(2) of the B.N.S, Police Station Sursa, District Hardoi. 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 Nagarik Suraksha Sanhita, 2023 (corresp