The Allahabad High Court has directed the police to adhere strictly to Section 35 of the BNSS regarding arrests in cases punishable by less than seven years of imprisonment. The court emphasized that if a crime is cognizable, as revealed by the FIR, the police must follow the procedure set out in this section. Arrests in such cases require court permission for investigation purposes; otherwise, they should not be made.
The division bench, comprising Justice Rajiv Gupta and Justice Surendra Singh I, issued this directive while resolving the petition filed by Sandeep Yadav from the Maharajganj police station area. Advocate Shailesh Upadhyay represented Yadav in the case. The FIR, filed against Yadav on 3 July 2024 in Maharajganj Dhane, will remain in effect as the court refused to quash it. The court also instructed the police to follow the Supreme Court’s Arunesh Kumar guidelines regarding arrests.
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