Swami Dayal v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9252 of 2023 Petitioner :- Swami Dayal Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Satish Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

(1) Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record.

(2) Under challenge in this petition is the First Information Report dated 25.11.2023 lodged at F.I.R./ Case Crime No.0725 of 2023, under Section 3/7 of E.C. Act, 1955, at P.S. Laharpur, District Sitapur.

(3) 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.

(4) 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 :- 6.12.2023 N.PAL High Court of Judicature at Allahabad, Lucknow Bench