Neutral Citation No. - 2023:AHC-LKO:84815-DB

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 9720 of

2023

Petitioner :- Shiv Prakash Singh

Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And

Others

Counsel for Petitioner :- Shailender Singh,Ankit Tiwari,Divya

Niranjan,Neelam Singh,Varun Kumar Mishra

Counsel for Respondent :- G.A.

Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Karunesh Singh Pawar,J.

1. Heard learned counsel for the petitioner, learned A.G.A for

the State and perused the record.

2. Under challenge in this petition is the First Information

Report dated 17.11.2023, lodged as F.I.R. No.0481 of 2023,

under Sections 406, 420, 504, 506 of the I.P.C., at P.S. Gazipur,

District Lucknow.

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.

Order Date :- 21.12.2023

Saurabh Yadav/-

Digitally signed by :-

SAURABH YADAV

High Court of Judicature at Allahabad,

Lucknow Bench