Ajay Dixit and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 3 Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8978 of 2023 Petitioner :- Ajay Dixit And 2 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Petitioner :- Manoj Kumar Dixit,Badrus Sahar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Heard learned counsel for the petitioners, learned A.G.A for the State and Sri Chandra Shekhar Sinha, Advocate who has filed his vakalatnama on behalf of the opposite party no. 4, which is taken on record.

¶2Under challenge in this petition is the First Information Report dated -31.08.2023, lodged at F.I.R. No. - 0194 of 2023, under Sections - 406, 420, 506 of the I.P.C., at P.S.- Vikasnagar, District-Lucknow East (Commissionerate Lucknow).

¶3Learned 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.

¶4Accordingly, 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 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench