Chandra Kumar And Others vs State Of U.P. Thru. Prin. Secy. Home And ...
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Allahabad High Court

Chandra Kumar And Others vs State Of U.P. Thru. Prin. Secy. Home And ... on 2 February, 2024

Author: Sangeeta Chandra

Bench: Sangeeta Chandra

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:9890-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 741 of 2024
 

 
Petitioner :- Chandra Kumar And Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others
 
Counsel for Petitioner :- Suneel Kumar Maurya,Ram Karan
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.
 

Hon'ble Ajai Kumar Srivastava-I,J.

1. Heard learned counsel for the petitioners and learned A.G.A. for the State/respondent.

2. The instant writ petition has been filed by the petitioners with the following main reliefs:-

(i) Issue a writ order or direction in the nature of CERTIORARY quashing the impugned F.I.R. dated 16.10.2023 lodged by respondent no.-04 in case crime no.435 of 2023 under sections 323, 504, 506 I.P.C., Police Station Mishrikh, Dist.-Sitapur containing as ANNEXURE NO.-01 to this writ petition.

(ii) Issue a writ order or direction in the nature of MANDAMUS commanding the respondents concerned not to arrest and harass the petitioners in case crime no.-435 of 2023, U/S-323, 504, 506 I.P.C., P/S Mishrikh, Dist.-Sitapur. And further direct to investigating officer concerned P/S-Mishrikh, Dist.-Sitapur shall ensure compliance of provisions of section 41 and section 41A of the Code of Criminal Procedure as provided by the Hon'ble Supreme Court Of India in Arnesh Kumar Vs. State of Bihar, (2014) 8 Scc 273.

3. Learned counsel for the petitioners says that all the sections invoked against the petitioners carry a punishment of up to 7 years, therefore, they are entitled to the benefits of the judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273.

4. Learned A.G.A. has produced before this Court the instructions sent by Radhikaraman Shukla, Sub-Inspector, Police Station Mishrikhm District Sitapur, wherein it has been stated that charge-sheet has been prepared against the petitioners under the aforesaid sections along with Section 325 I.P.C. and has been submitted to the Supervisory Authority on 18.11.2023.

5. Since the investigation has been completed, this Court finds no good ground to grant a prayer as made in the writ petition.

6. The writ petition is disposed of.

Order Date :- 2.2.2024

A.Dewal