Pankaj Singh Priyadarshi and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lucknow and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 5195 of 2023 Petitioner :- Pankaj Singh Priyadarshi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lucknow And Others Counsel for Petitioner :- Sushil Kumar,Kamlesh Singh,Manjusha Kapil Counsel for Respondent :- G.A.,Anil Kumar Tiwari Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Mrs. Renu Agarwal,J.

(1) A supplementary affidavit has been filed by the petitioners in which it has been stated that the Signatures of the petitioners in Hindi naturally differ from the English Signatures.

(2) Heard learned counsel for the petitioners, learned A.G.A for the State and perused the record.

(3) Under challenge in this petition is the First Information Report dated 14.06.2023 lodged at F.I.R. No.0237 of 2023, under Sections 406, 420 I.P.C., at P.S. Krishna Nagar, District Lucknow.

(4) Learned counsel for the petitioners 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.

(5) Accordingly, 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 :- 30.10.2023 N.PAL High Court of Judicature at Allahabad, Lucknow Bench