Rahul Yadav And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 17462 ALL

Citation : 2023 Latest Caselaw 17462 ALL
Judgement Date : 14 July, 2023

Allahabad High Court

Rahul Yadav And Others vs State Of U.P. Thru. Prin. Secy. ... on 14 July, 2023

Bench: Sangeeta Chandra, Narendra Kumar Johari





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:45786-DB
 
Court No. - 10
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5369 of 2023
 
Petitioner :- Rahul Yadav And Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrett. Lko. And Others
 
Counsel for Petitioner :- Neeraj Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State and perused the record.

Under challenge in this petition is the First Information Report /Case Crime No.950 of 2022, under Sections 406, 323, 504, 506 IPC, at PS. -Kotwali, District -Unnao.

It has been submitted by the learned counsel for the petitioners that the petitioners have been falsely implicated in the impugned F.I.R. They have nothing to do with the alleged offence. Even if the statement as made in the impugned F.I.R. is taken to be proved, the sections invoked against the petitioners carry a punishment upto 7 years, therefore, they are entitled for giving the benefit of judgment rendered by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) B SCC 273.

Learned A.G.A. on the basis of the instruction says that charge sheet has been prepared against the petitioner nos. 2 and 3. Petitioner no. 1 is not cooperating and is absconding.

Learned counsel for the petitioners confines his prayer for issuing direction to the police authorities to follow the mandate of Section 41A, Cr.PC. 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 petitioner no. 1 to approach the I.O. concerned at PS. -Kotwali, District -Unnao between 1 p.m. to 5 p.m. on 20.7.2023 for recording his statement/ giving explanation in terms of under Section 41 A of the Cr.P.C.

Order Date :- 14.7.2023

Anuj Singh