Ajay Shankar Mishra v. State of U.P. Thru. Addl. Chief Secy. Home Govt. Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 7859 of 2023 Petitioner :- Ajay Shankar Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Govt. Sectt. Lko And Others Counsel for Petitioner :- Rakesh Kumar Agarwal,Saksham Agarwal 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 for the State and perused the record.

¶2Under challenge in this writ petition is the First Information Report dated 30.09.2023, lodged as F.I.R. No.0413 of 2023, under Section - 406 of the I.P.C. at P.S.- Aashiyana, District-Lucknow.

¶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 upto 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. Order Date :- 11.10.2023 Arnima High Court of Judicature at Allahabad, Lucknow Bench