Upendra Singh and Others v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. of Home, Govt. U.P. Lucknow and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9395 of 2023 Petitioner :- Upendra Singh And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Home, Govt. U.P. Lucknow And Others Counsel for Petitioner :- Suyesh Pradhan 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 perused the record.

¶2Under challenge in this writ petition is the First Information Report dated 18.11.2023, lodged as F.I.R. No.466 of 2023, under Section - 406 of the I.P.C. at P.S.- Khairabad, District-Sitapur.

¶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 :- 12.12.2023 Arnima High Court of Judicature at Allahabad, Lucknow Bench