Allahabad High Court
Chhavi Nath Yadav vs State Of U.P. Thru. Prin. Secy. Home, ... on 17 June, 2022
Bench: Devendra Kumar Upadhyaya, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 4020 of 2022 Petitioner :- Chhavi Nath Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others Counsel for Petitioner :- Lalji Yadav Counsel for Respondent :- G.A. Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner and learned A.G.A.
Under challenge in this petition is the First Information Report dated 03.06.2018, lodged at Case Crime No.0200 of 2018, under Sections 147, 148, 149, 323, 504, 506 I.P.C. and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Kunda, District Pratapgarh.
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 :- 17.6.2022 Sanjay