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Prithviraj Sharma v. State Of U.p. Thru. Prin. Secy. Home And Others

Prithviraj Sharma v. State Of U.p. Thru. Prin. Secy. Home And Others

(High Court Of Judicature At Allahabad, Lucknow Bench)

CRIMINAL MISC. WRIT PETITION No. - 4036 of 2022 | 17-06-2022

1. Heard learned counsel for the petitioner and learned A.G.A for the State-respondents.

2. Under challenge in this petition is the First Information Report dated 25.03.2021, lodged at Case Crime No.0334 of 2021, under Section 420 I.P.C., Police Station Kotwali, District Barabanki.

3. 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.

4. 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 [LQ/SC/2014/671] .

Advocate List

  • Dinesh Kumar Ayra

  • G.A.

Bench
  • Hon'ble Justice Devendra Kumar Upadhyaya
  • Hon'ble Justice Narendra Kumar Johari
Eq Citations
  • LQ
  • LQ/AllHC/2022/8929
Head Note

Criminal Procedure Code, 1973 — S. 41-A — Non-compliance with mandate of — Direction to police authorities to follow mandate of S. 41-A, CrPC and also directions issued by Supreme Court in Arnesh Kumar case, (2014) 8 SCC 273 — Police to follow mandate of S. 41-A, CrPC and also directions issued by Supreme Court in Arnesh Kumar case, (2014) 8 SCC 273 for offences under Ss. 420 IPC