Allahabad High Court
Balram And Others vs State Of U.P. Thru. Its Prin. Secy. ... on 10 February, 2023
Author: Devendra Kumar Upadhyaya
Bench: Devendra Kumar Upadhyaya
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1193 of 2023 Petitioner :- Balram And Others Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home, Govt. Of U.P. Civil Sectt. Lko. And Others Counsel for Petitioner :- Arun Kumar Tewari,Prabhat Dwivedi Counsel for Respondent :- G.A. Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Brij Raj Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
Under challenge in this petition is the First Information Report dated 24.01.2023 lodged at Case Crime No.027 of 2023, under Sections 323,324,504,506,427,354 IPC and 7/8 POCSO Act, Police Station Kaisarganj District Bahraich.
Learned counsel for the petitioners 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 :- 10.2.2023 dk/