- Court
- High Court of Judicature at Allahabad
- Decided
- 9 June 2023
- Bench
- Umesh Chandra Sharma, Shamim Ahmed
- Case no.
- 4451/2023
Judgment
Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4451 of 2023 Petitioner :- Ramshri Devi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Hanumant Lal Srivastava Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Hon'ble Umesh Chandra Sharma,J.
¶1Heard Shri Hanumant Lal Srivastava, the learned counsel for the petitioners and Ms. Ranjana Srivastava, the learned A.G.A for the State.
¶2The petitioners in the present writ petition are seeking quashing of the First Information Report dated 27.05.2023 registered as Case Crime / F.I.R. No. 472 of 2023, under Sections 147, 323, 354-A, 452, 504, 506 I.P.C. registered at Police Station Kotwali Sadar, District Lakhimpur Kheri, with all its consequential effects and with a further prayer, not to arrest the petitioners in pursuance of the said First Information Report.
¶3Learned A.G.A. for the State submits that the offences allegedly committed entail a sentence up to seven years. In such circumstances, the investigating officer shall ensure compliance of provisions of Section 41 and Section 41-A of the Code of Criminal Procedure as provided by Hon'ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273.
¶4Learned counsel for the petitioners prays that the present writ petition may be disposed of while giving direction in terms of judgment rendered by Hon'ble Supreme Court of India in Arnesh Kumar's case (supra).
¶5After considering the arguments as advanced by the learned counsel for the parties, we hereby direct that the investigating officer of the case before taking any action against the petitioners shall ensure compliance of provisions of Section 41 and Section 41-A of the Code of Criminal Procedure as provided by Hon'ble Supreme Court of India in Arnesh Kumar's case (supra).
¶6With the above observation/ direction, the present writ petition is finally disposed of. Order Date :- 9.6.2023 Mustaqeem High Court of Judicature at Allahabad, Lucknow Bench
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