Vikas Tiwari And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 25678 ALL

Citation : 2023 Latest Caselaw 25678 ALL
Judgement Date : 20 September, 2023

Allahabad High Court

Vikas Tiwari And Another vs State Of U.P. Thru. Prin. Secy. ... on 20 September, 2023

Bench: Sangeeta Chandra, Narendra Kumar Johari





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:60492-DB
 
Court No. - 10
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7072 of 2023
 
Petitioner :- Vikas Tiwari And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow And Others
 
Counsel for Petitioner :- Nisha Devi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

1. Power filed by Shri Vipul Tripathi and Shri Piyush Pathak, Advocates on behalf of respondent no.4 is taken on record.

2. Heard learned counsel for the petitioners, learned A.G.A for the State, Shri Piyush Pathak, learned counsel for respondent no.4 and perused the record.

3. Learned AGA has produced instructions sent by Sub-Inspector Shri Rajesh Kumar Shukla, police station Sangipur, district Pratapgarh and the same is taken on record. On the basis of said instructions learned AGA states that investigation was carried out in Case Crime No.0262 of 2023 against accused persons and offence under Sections 147/341/286/394 I.P.C. have been dropped and offence under Section 323 IPC has been added during the course of investigation and the investigation is now being carried on for offence under Sections 323, 504, 506 IPC.

4. Learned counsel for the petitioners states that all the offences that are now being invoked against the petitioner carry sentence of upto 7 years of imprisonment. Therefore, he is entitled for benefit of judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273.

5. 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.

(Narendra Kumar Johari, J.) (Mrs. Sangeeta Chandra, J.)

Order Date :- 20.9.2023/Arnima