Dr. Dharmendra Kumar Alias Dharmendra Kumar and Others v. State of U.P. Thru.Secy. Home Deptt. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 6740 of 2022 Petitioner :- Dr. Dharmendra Kumar Alias Dharmendra Kumar And Others Respondent :- State Of U.P. Thru.Secy. Home Deptt. And Others Counsel for Petitioner :- Sukh Deo Singh,Bijendra Kumar Sharma,Paritosh Shukla Counsel for Respondent :- G.A.,Dr.Krishna Singh,Shobha Amarnath Tiwari Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. None appears for the petitioner. Learned A.G.A. for the State is present.. Under challenge in this petition is the First Information Report dated 11.7.2022, lodged at F.I.R./Case Crime No.355 of 2022, under Sections 498-A, 323, 504, 506-IPC and 3/4 of the Dowry Prohibition Act, at PS. -Sushant Golf City, District -Lucknow (South) (Commissionerate Lucknow). Learned A.G.A. gone through the mediation report dated

8.2.2203 which shows that the mediation has been failed. We have gone through the F.I.R. and find that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment. Accordingly, we dispose of this petition with the direction to the Investigating Officer 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 :- 16.12.2023 Anuj Singh High Court of Judicature at Allahabad, Lucknow Bench