Devendra Yadav v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 7816 of 2023 Petitioner :- Devendra Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Anurag Misra,Himanshu Vikram Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Heard learned counsel for the petitioner, learned A.G.A. who appears on behalf of the State Respondents and Sri Surendra Kumar Verma, Advocate who has filed his vakalatnama on behalf of the Opposite Party No. 4, which is taken on record.

¶2This petition has been filed with the following main prayers:- "(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report Dated

24.09.2023 registered No.0284/2023 under in section Case Crime 354 (gha), 336,506, IPC and Section 30 of Arms Act P.S.-Aliganj, District -Lucknow. (Annexure No.1).

(ii) issue a writ, order or direction in the nature of Mandamus directing the opposite party nos. 1 to 3 not to arrest the petitioner in First Information Report 24.09.2023 registered No.0284/2023 under in Case Crime section 354 (gha), 336,506, IPC and Section 30 of Arms Act P.S.-Aliganj, District -Lucknow (Annexure No.1)."

¶3It has been submitted by the learned counsel for the petitioner that all the Sections invoked against the petitioner in the impugned First Information Report carry the sentence of upto 7 years of imprisonment, and therefore, he is entitled to the benefit of the judgement rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273.

¶4Sri Surendra Kumar Verma, learned counsel for the opposite party no. 4 has stated that the opposite party no. 4 is present in Court. She has admitted to a compromise having been entered into between the parties and an application in this regard having been filed by the opposite party no.4.

¶5This writ petition is disposed of with a direction to the petitioner and the opposite party no. 4 to approach the Investigating Officer who shall take an appropriate decision in the matter strictly in accordance with law.. Order Date :- 10.10.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench