Ram Ratan v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8515 of 2023 Petitioner :- Ram Ratan Respondent :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow And Others Counsel for Petitioner :- Suresh Chandra Tiwari,Pradeep Kumar Tripathi 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 petition is the First Information Report dated 21.09.2023, lodged as F.I.R. No.0316 of 2023, under Section 3/7 of Essential Commodities Act, at P.S. Talgaon, 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 :- 6.11.2023 Rahul High Court of Judicature at Allahabad, Lucknow Bench