Mohammad Chaman and Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. U.P. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 5958 of 2023 Petitioner :- Mohammad Chaman And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. U.P. And Others Counsel for Petitioner :- Ravi Shanker Tewari,Sheo Pal Singh Counsel for Respondent :- G.A.,Mohd.Mateen,Mohd Mateen Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Heard Sri Ravi Shanker Tewari, learned counsel for the petitioners and learned A.G.A. for the State Respondents.

¶2This Court has gone through the Mediation Centre's Report dated 28.11.2023. The mediation has failed between the parties.

¶3At this stage, it has been submitted by learned counsel for the petitioners that all the Sections invoked against the petitioners in the impugned F.I.R. carry the sentence of upto 7 years of imprisonment and therefore the petitioners are entitled for the benefit of the judgement rendered by the Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in

(2014) 8 SCC 273.

¶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 :- 13.12.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench