Rahul v. State of U.P. Thru. Secy. Home, Lucknow and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4835 of 2023 Petitioner :- Rahul Respondent :- State Of U.P. Thru. Secy. Home, Lucknow And Others Counsel for Petitioner :- Pradeep Kumar Shukla,Umesh Chandra Counsel for Respondent :- G.A. Hon'ble Dinesh Kumar Singh,J. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard learned counsel appearing for the accused-petitioner and learned Additional Government Advocate appearing for the State.

¶2Present petition under Article 226 of the Constitution of India has been filed seeking quashing of the FIR dated 14.06.2023 registered at FIR No.0234 of 2023, under Sections 354D, 306, 511 IPC, 11/12 POCSO Act, Police Station Madhoganj, District Hardoi.

¶3Learned 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 up to 7 years of imprisonment.

¶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. (Syed Qamar Hasan Rizvi,J.) (Dinesh Kumar Singh, J.) Order Date :- 22.6.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench