Sarvesh Kumar v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8238 of 2023 Petitioner :- Sarvesh Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Mohit Sharma,Mukul Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

¶1Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record.

¶2Under challenge in this petition is the First Information Report lodged vide Crime No.345 of 2023 under Sections 3,7 of Essential Commodity Act, 1975, Police Station Sadarpur, District Sitapur.

¶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 :- 19.10.2023 Madhu High Court of Judicature at Allahabad, Lucknow Bench