Dr. Aamir Khan and Others v. State of UP Thru. Prin. Secy. Home Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 5368 of 2022 Petitioner :- Dr. Aamir Khan And Others Respondent :- State Of Up Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Ghaus Beg Counsel for Respondent :- G.A.,Mahmood Alam,Mohd.Alam Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for the petitioners and learned A.G.A. for the State and perused the record. Under challenge in this petition is the First Information Report dated 15.7.2022, lodged at F.I.R./Case Crime No.97 of 2022, under Sections 498-A, 323, 504, 406, 354 IPC and 3/4 of the Dowry Prohibition Act, at PS. -Mahila Thana, District -Lucknow. Counsel for the petitioners says that mediation has been failed. This Court has perused the mediation report dated 4.9.2023 This Court has perused the F.I.R and finds 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 Investigating Officer 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 :- 22.11.2023 Anuj Singh High Court of Judicature at Allahabad, Lucknow Bench