Anurag Mishra (In Fir Gull Mishra) and Another v. State of U.P. Addl. Chief Secy. Home Deptt. Govt. Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9002 of 2023 Petitioner :- Anurag Mishra (In Fir Gull Mishra) And Another Respondent :- State Of U.P. Addl. Chief Secy. Home Deptt. Govt. Civil Sectt. Lko And Others Counsel for Petitioner :- Nitesh Yadav,Lalit Kishore Tiwari 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. Under challenge in this petition is the First Information Report dated 19.11.2023, lodged at FIR No.0371 of 2023, under Sections 13 of the Public Gambling Act, 1987, Police Station-Kamlapur, District-Sitapur. 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 :- 24.11.2023 Ashutosh Pandey High Court of Judicature at Allahabad, Lucknow Bench