Rahul Gupta v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Govt. Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4463 of 2023 Petitioner :- Rahul Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Govt. Lko. And Others Counsel for Petitioner :- Satish Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Shri Satish Kumar Sharma, the learned counsel for the petitioner and Shri Pawan Kumar Mishra, the learned A.G.A for the State.

¶2The petitioner in the present writ petition is seeking quashing of the First Information Report registered as Case Crime / F.I.R. No. 0232 of 2023, under Section 3/7 of E.C. Act, registered at Police Station Phardhan, District Kheri, with all its consequential effects and with a further prayer, not to arrest the petitioner 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 petitioner 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 petitioner 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 S.Verma High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench