RAKESH KUMAR PANDEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. /PRIN. SECY. HOME DEPTT. OF HOME LKO. AND 3 OTHERS
CRLP/6390/2025 · 2025-07-21
Sangeeta Chandra, Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151637 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151637 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41566-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6390 of 2025 Petitioner :- Rakesh Kumar Pandey Respondent :- State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Home Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Harsh Vardhan Kediya,Naumi Lal,Snigdha Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J.
1. Heard learned counsel for the petitioner, learned A.G.A for the State and perused the record.
2. Under challenge in this writ petition is the First Information Report dated 28.03.2025 lodged as F.I.R. No. 0223 of 2025, under Sections - 78, 316(2), 351(2) and 352 of the B.N.S. at P.S.-Sushant Golf City, District- Lucknow South (Commissionerate Lucknow).
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. . (Subhash Vidyarthi,J.) (Mrs. Sangeeta Chandra,J.) Order Date :- 21.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench