Anubhav Garg and Others v. State of U.P. Thru. Prin. Secy. Home Deptt., Lucknow and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8957 of 2023 Petitioner :- Anubhav Garg And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lucknow And Others Counsel for Petitioner :- Arvind Kumar Jauhari Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for the petitioners and learned A.G.A. who appears on behalf of State-respondents and Sri Santosh Srivastava who has filed his Power on behalf of opposite party no. 3 which is taken on record. Under challenge in this petition is the First Information Report dated 22.10.2023, lodged at FIR No. 0395 of 2023, under Sections 406 and 420 IPC at P.S. Bakshi Ka Talab, 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 :- 23.11.2023 AKK High Court of Judicature at Allahabad, Lucknow Bench