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2025 DAILYLAW 119967 (ALL)

MANGLA PRASAD MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME U.P. LKO. AND 3 OTHERS

CRLP/727/2025 · 2025-01-28

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5713-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 727 of 2025 Petitioner :- Mangla Prasad Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home U.P. Lko. And 3 Others Counsel for Petitioner :- Avneesh Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. (1) Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record. (2) Under challenge in this petition is the First Information Report dated 17.01.2025 lodged at F.I.R./ Case Crime No.0022 of 2025, under Sections 308(2), 352, 351(2) and 351(3) of Bhartiya Nyaya Sanhita, 2023, at P.S. Gosainganj, District Sultanpur. (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. Order Date :- 28.1.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench