Virendra Kumar Singh v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and 3 Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4829 of 2023 Petitioner :- Virendra Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And 3 Others Counsel for Petitioner :- Dr. Surendra Kumar Misra,Avnish Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Dinesh Kumar Singh,J. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard learned counsel for the petitioner, learned A.G.A. and Sri Amrendra Kumar, Advocate for the complainant. Vakalatnama filed by Sri Amrendra Kumar, Advocate is taken on record.

¶2Under challenge in this petition is the First Information Report dated 09.06.2023, lodged at FIR No.0243 of 2023 under Sections 420, 406, 342, 323, 504, 506 IPC, 3 (1)(r), 3(1)(s) S.C./S.T. Act, Police Station Biswan, District Sitapur.

¶3Learned counsel for the petitioner 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 :- 22.6.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench