Pavan Kumar and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8865 of 2023 Petitioner :- Pavan Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Sanjai Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

(1) Heard learned counsel for the petitioners, learned A.G.A for the State and Shri Raj Priaya Srivastava, Advocate, has filed his Power on behalf of the Opposite party no.4 and perused the record.

(2) Under challenge in this petition is the First Information Report dated 05.11.2023 lodged at F.I.R./ Case Crime No.0513 of 2023, under Sections 147, 323, 379, 506 I.P.C., at P.S. Gosainganj, District Lucknow.

(3) 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.

(4) 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 :- 20.11.2023 N.PAL High Court of Judicature at Allahabad, Lucknow Bench