Allahabad High Court
Adarsh Yadav (In Fir Goga) And Another vs State Of U.P. Thru. Addl. Chief Secy. ... on 6 September, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:58644-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 6992 of 2023 Petitioner :- Adarsh Yadav (In Fir Goga) And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Civil Sectt. Lko. And Others Counsel for Petitioner :- Bhola Singh Patel,Sunil Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
1. It has been informed that Advocates are abstaining from judicial work.
2. Learned A.G.A. is present.
3. We have perused the record.
4. Under challenge in this petition is the First Information Report dated 21.08.2023, lodged as F.I.R. No.284 of 2023, under Sections 147, 323, 504, 506 and 308 I.P.C., P.S.- Para, District- Lucknow, which is contained as Annexure No.01".
5. From a perusal of the pleadings of the writ petition, it appears that petitioners confine their 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.
6. 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 :- 6.9.2023 Rahul