Ram Sumiran Mishra v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9210 of 2023 Petitioner :- Ram Sumiran Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Deepanker Kumar,Neel Kisan,Trideep Narayan Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Heard Ms. Charu Singh, Advocate holding brief of Shri Deepanker Kumar, learned counsel for the petitioners, learned A.G.A for the State and perused the record.

¶2Under challenge in this writ petition is the First Information Report dated 19.11.2023, lodged as F.I.R. No.0168 of 2023, under Sections -34, 323 of the I.P.C. at P.S.- Dhanpatganj, District-Sultanpur.

¶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 :- 4.12.2023 Arnima High Court of Judicature at Allahabad, Lucknow Bench