Neutral Citation No. - 2024:AHC-LKO:44452-DB
Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4589
of 2024
Petitioner :- Pradeep Kumar Singh
Respondent :- State Of U.P. Thru. Its Prin.Secy.
Home And 3 Others
Counsel for Petitioner :- Rama Kant Dixit
Counsel for Respondent :- G.A.
Hon'ble Attau Rahman Masoodi,J.
Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard learned counsel for the petitioner and
learned A.G.A. for the State/respondent.
2. The instant writ petition has been filed by the
petitioner with the following main relief:-
"(i) Issue a writ, order or direction in the nature of
certiorari quashing thereby the impugned first
information report dated 28.02.2023 lodged by
the opposite party no.4 against the petitioner
which has been registered as Case Crime No.0062
of 2023, under Sections 419, 420, 406 I.P.C., Police
Station Dargah Sharif, District Bahraich.
(ii) Issue a writ, order or direction in the nature of
mandamus commanding the opposite party nos.1
to 3 not to arrest the petitioner in pursuance of
the impugned first information report dated
28.02.2023 lodged by the opposite party no.4
against the petitioner which has been registered
as Case Crime No.0062 of 2023, under Sections
419, 420, 406 I.P.C., Police Station Dargah Sharif,
District Bahraich."
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.
(A. K. Srivastava-I,J.) (A. R. Masoodi,J.)
Order Date :- 28.6.2024
Mahesh
Digitally signed by :-
MAHESH KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench