Maarooph v. State of U.P. Thru. Prin. Secy. Home and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8951 of 2023 Petitioner :- Maarooph Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Ramendra Kumar,Kamal Swaroop Pandey 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. who appears on behalf of State-respondents. Under challenge in this petition is the First Information Report dated 9.10.2023, lodged at FIR No. 0415 of 2023, under Sections 379 and 411 IPC at P.S. Reusa, District Sitapur. Learned counsel for the petitioner 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