Ravi Tiwari Alias Ravindra Kumar v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9416 of 2023 Petitioner :- Ravi Tiwari Alias Ravindra Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Anup Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record. Under challenge in this petition is the First Information Report dated - 07.11.2023, lodged at F.I.R. No. - 0629 of 2023, under Sections - 147, 323, 504, 308, 365 of the I.P.C., at P.S.- Kotwali Ayodhya, District-Ayodhya. Learned counsel for the petitioner submitted that the co-accused -Rahul Tiwari has approached this Court by filing CRIMINAL MISC. WRIT PETITION No. - 9069 of 2023 in which this Court has given benefit of directed given by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273, vide order dated 29.11.2023, a copy of the order has been produced by the learned counsel for the petitioner before this Court. therefore, the present petitioner is also entitled for the same benefit. Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 41A Cr.PC. 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 :- 13.12.2023 Anuj Singh High Court of Judicature at Allahabad, Lucknow Bench