Tripurari Chaubey And Others vs State Of U.P. Thru. Secy. Home ...
2023 Latest Caselaw 9218 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2276 of 2023
 

 
Petitioner :- Tripurari Chaubey And Others
 
Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others
 
Counsel for Petitioner :- Vivekanand Pandey
 
Counsel for Respondent :- G.A.,Anurag Shukla,Santosh Kumar Tripathi
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioners, learned A.G.A. appearing for the State-respondents and perused the record.

Under challenge in this petition is the First Information Report dated 09.03.2023, lodged as FIR No.0121 of 2023, under Sections 452, 308, 323, 504, 506 IPC, Police Station Katra Bazar, District Gonda.

Learned counsel for the petitioners confines his prayer for issuing a direction to the police authorities to follow the mandate of Section 41-A Cr.P.C. for the reason that the offences mentioned in the impugned FIR carry the sentence of upto 7 years of imprisonment.

Learned Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, provisions of Section 41-A Cr.P.C. shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another.

Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts.

Accordingly, this petition is disposed of in view of the provisions of Section 41-A Cr.P.C. and the law as laid down by Apex Court in the case of Arnesh Kumar (supra).

Order Date :- 28.3.2023

N.PAL