Harishchandra ( in Fir Harishnandar) and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9634 of 2023 Petitioner :- Harishchandra ( In Fir Harishnandar) And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Mohd. Raziullah,Gayasuddeen,Zartab Qamar Counsel for Respondent :- G.A.,Sachindra Dwivedi Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

(1) Heard learned counsel for the petitioners, learned A.G.A for the State and Shri Shachindra Dwivedi, who has filed his Caveat on behalf of the private-respondent no.3, the informant and perused the record.

(2) Under challenge in this petition is the First Information Report dated 20.11.2023 lodged at F.I.R. /Case Crime No.223 of 2023, under Sections 420, 504, 506 I.P.C., at P.S. Hanswar, District Ambedkar Nagar.

(3) Learned counsel for the petitioner 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.

(4) Shri Shachindra Dwivedi, has pointed out that the petitioners are trying to take over the land which belongs to the informant, which he had bought in 2008, on the basis of a sale deed they alleged that the said property has been made out in their favour in 2022 by the seller of the property which is not the informant, the Opposite party no.3.

(5) Accordingly, 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 :- 19.12.2023 N.PAL High Court of Judicature at Allahabad, Lucknow Bench