Mohammad Gishanuddeen Khan v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 6438 of 2023 Petitioner :- Mohammad Gishanuddeen Khan Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Others Counsel for Petitioner :- Udai Pratap Lal 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 20.08.2021 lodged at F.I.R. No.0419 of 2021, under Sections 406, 504, 506 I.P.C., at P.S. Vibhuti Khand, District Lucknow East (Commissionerate Lucknow).

(3) Learned A.G.A. on the basis of instructions sent by Shri Mohd. Jaseem, the Sub-Inspector of Police Station Vibhuti Khand, District Lucknow, says that Section 409 I.P.C. has been deleted during the course of investigation. The petitioner being one of the Directors of the Company has been found to be involved under Sections 406, 504, 506 I.P.C. only.

(4) 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.

(5) 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 :- 7.12.2023 N.PAL High Court of Judicature at Allahabad, Lucknow Bench