Mohit and Others v. State of U.P. Thru. Secy. Home Deptt. Lucknow and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4821 of 2023 Petitioner :- Mohit And Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lucknow And Others Counsel for Petitioner :- Amit Kumar Counsel for Respondent :- G.A. Hon'ble Dinesh Kumar Singh,J. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents.

¶2Under challenge in this petition is the First Information Report dated

20.02.2023, lodged at Case Crime No.0054 of 2023, under Sections 452, 323 324 and 506 I.P.C. and Section 3(2) (Va) of S.C./S.T. Act, Police Station - Mailani, District - Kheri.

¶3Learned counsel for the petitioners confines his prayer for issuing direction to the police authorities to follow the mandate of Section 41A Cr.P.C. for the reason that the offences mentioned in the impugned First Information Report carry the sentence of up to 7 years of imprisonment.

¶4Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 41A Cr.P.C. and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. (Syed Qamar Hasan Rizvi,J.) (Dinesh Kumar Singh, J.) Order Date :- 21.6.2023 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench