Bhupesh Tripathi Alias Bhupesh Narayan 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. - 8807 of 2023 Petitioner :- Bhupesh Tripathi Alias Bhupesh Narayan And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Others Counsel for Petitioner :- Siddharth Pratap Singh,Niteesh Kumar,Ravindra Pratap Trivedi,Shubham Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Ms. Nalini Jain, Advocate has filed her power on behalf of the respondent no.4, which is taken on record. Heard learned counsel for the petitioners, learned A.G.A. on behalf of State-respondents and Ms. Nalini Jain, learned counsel for the respondent no.4. Under challenge in this petition is the First Information Report dated 02.11.2023, lodged at FIR No. 329 of 2023, under Sections 147, 447, 380, 504, 506 IPC at P.S. Aliganj, District Lucknow. 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. 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 :- 9.11.2023 KR High Court of Judicature at Allahabad, Lucknow Bench