Ram Dhani 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. - 9673 of 2023 Petitioner :- Ram Dhani Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt Lko And Others Counsel for Petitioner :- Sudhir Kumar Pandey,Pradeep Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for the petitioner, learned A.G.A. for the State/respondents and perused the material placed on record. Under challenge in this petition is the First Information Report dated 09.08.2023, registered as F.I.R./Case Crime No.0346/2023, under Sections 354(Kha), 147, 323, 504, 506, 452, 427 I.P.C., at Police Station - Fakharpur, District - Bahraich. 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. 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 :- 20.12.2023 ML/- High Court of Judicature at Allahabad, Lucknow Bench