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

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4795 of 2023 Petitioner :- Rajendra Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- In Person Counsel for Respondent :- G.A. Hon'ble Dinesh Kumar Singh,J. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard Mr. Desh Mitra Anand, petitioner no.2 in person as well as learned A.G.A. and perused the record.

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

18.5.2023 lodged at Case Crime No.195 of 2023, under Sections 504 and 384 I.P.C. Police Station Krishna Nagar, District Lucknow with some other prayers.

¶3We find no reason to interfere with the FIR impugned in the present petition. However, considering the fact that the offence for which the FIR in question has been registered against the petitioners, entail punishment upto seven years, we provide that the petitioners should be given the benefit of Section 41A Cr.P.C. in the light of the directions issued by the Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273.

¶4Subject to above observation and direction, the present petition stands disposed of. . (Syed Qamar Hasan Rizvi,J.) (Dinesh Kumar Singh, J.) Order Date :- 22.6.2023 Rao/- High Court of Judicature at Allahabad, Lucknow Bench