Mohd. Osi Alias Mohd. Wasi Khan v. State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9594 of 2023 Petitioner :- Mohd. Osi Alias Mohd. Wasi Khan Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt. Lko And Others Counsel for Petitioner :- Firoz Ahmad Khan 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 12.12.2023, lodged at F.I.R./Case Crime No.639 of 2023, under Sections 352, 504, 354 and 506 IPC, at PS. - Kotwali Rudauli, District -Ayodhya Learned counsel for the petitioners confines his prayer for issuing direction to the police authorities to follow the mandate of Section 41A, Cr.PC. for the reason 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 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 :- 19.12.2023 Anuj Singh High Court of Judicature at Allahabad, Lucknow Bench