Harshit Verma and 9 Others v. State of U.P. Thru. Addl. Chief Secy., Home, Lucknow and 3 Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 6094 of 2023 Petitioner :- Harshit Verma And 9 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy., Home, Lucknow And 3 Others Counsel for Petitioner :- Shailendra Misra,Ravi Jaiswal Counsel for Respondent :- G.A.,Vivek Tiwari,Vivek Tewari Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

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

(2) This Court has perused the Mediation Center's report dated 28.11.2023. Mediation has failed between the parties.

(3) This Court has perused the F.I.R. impugned in this petition and finds that all the sections invoked against the petitioners carry a punishment upto 7 years.

(4) Under challenge in this petition is the First Information Report dated 20.07.2023 lodged at F.I.R./ Case Crime No.0018 of 2023, under Sections 498-A, 323, 504, 506, 452, 406 I.P.C. and Section 3/4 D.P. Act, at P.S. Mahila Thana Barabanki, District Barabanki.

(5) 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.

(6) 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 :- 8.12.2023 N.PAL High Court of Judicature at Allahabad, Lucknow Bench