Nafish v. State of UP Thru Addl Chief Secy Home Deptt Civil Sectt Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8548 of 2023 Petitioner :- Nafish Respondent :- State Of Up Thru Addl Chief Secy Home Deptt Civil Sectt Lko And Others Counsel for Petitioner :- Pawan Kumar Shukla,Vikrant Prakash Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record. Under challenge in this petition is the First Information Report dated 27.10.2023, lodged at F.I.R./Case Crime No.705 of 2023, under Sections 279, 337, 338, 427, 184 IPC, at PS. -Dhaurara District -Kheri. Learned counsel for the petitioners confines his prayer for issuing direction to the police authorities to follow the mandate of Section 41A, Cr.PC. for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment. Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 41A Cr.PC. 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 Anuj Singh High Court of Judicature at Allahabad, Lucknow Bench