Pawan Kumar and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4786 of 2023 Petitioner :- Pawan Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Irfan Alam Counsel for Respondent :- G.A.,Ashok Kumar Shukla Hon'ble Dinesh Kumar Singh,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard learned counsel for the petitioners and learned A.G.A. Under challenge in this petition is the First Information Report dated 14.04.2023, lodged at Case Crime No.53 of 2023, under Sections - 323, 504, 506, 498A, 494 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station - Saidulla Nagar, District - Balrampur. Learned 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 upto 7 years of imprisonment. Accordingly, 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. Order Date :- 22.6.2023 Saurabh Yadav/- (Syed Qamar Hasan Rizvi,J) (Dinesh Kumar Singh,J) High Court of Judicature at Allahabad, Lucknow Bench