Deepak Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 7559 of 2023 Petitioner :- Deepak Kumar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Others Counsel for Petitioner :- Ambrish Kumar Dwivedi Counsel for Respondent :- G.A.,Gyanedra Pathak Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

¶1Heard leaned counsel for the petitioners, learned A.G.A. for State-respondents.

¶2In compliance of earlier order passed by this Court, respondent No.4-Smt. Moni Dwivedi is present before this Court, who has come along with Ms. Subha Tripathi, Lady Constable, Police Station-Gosaiganj, District Lucknow. She is being represented by Sri Sourabh Rastogi, Advocate,who has filed power on behalf of the respondent No.4, which is taken on record.

¶3The petitioner No.1-Deepak Kumar is also present in person, who has been identified by his counsel.

¶4Learned counsel for opposite party No.4 had informed this Court that he had tried to explain the matter to the opposite party No.4.

¶5We put up a query to the opposite party No.4 as to whether she is willing to try and settle the dispute through mediation, she expressed her unwillingness to do the same. This Court has perused the F.I.R. and finds that the cognizable offence to be made out.

¶6We have perused the F.I.R. and find that all the sections invoked against the petitioners are upto 7 years and therefore, the petitioners are entitled to the judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273.

¶7With these observations, the writ petition is disposed of. Order Date :- 18.10.2023 Saurabh Yadav/- High Court of Judicature at Allahabad, Lucknow Bench