Disposed

Rao Deepak Singh and Another v. State of U.P. and 3 Others

Allahabad HC4 Oct 2023CRLP/15598/2023

Case brief

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What is this about?

High Court disposed of a criminal miscellaneous writ petition directing police to follow Section 41A Cr.P.C. mandates before arresting petitioners facing IPC offences punishable up to seven years, while requiring a written undertaking not to repeat offences.

What did the court decide?

Direction to police to follow Section 41A Cr.P.C.; order for petitioners to submit a written undertaking within ten days not to repeat the offence.

Rao Deepak Singh and Another Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:190949-DB

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Court No. - 67

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Case :- CRIMINAL MISC. WRIT PETITION No. - 15598 of 2023

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Petitioner :- Rao Deepak Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pawankumar Dubey,Dinesh Yadav,Ramashankar Yadav Counsel for Respondent :- G.A.,Chandra Bhushan Yadav

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Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.

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Heard Sri Saurabh Kumar Pandey, Advocate holding brief of Sri Dinesh Yadav, learned counsel for the petitioners, Sri Chandra Bhushan Yadav, learned counsel for opposite party no. 4 and the learned A.G.A. for the State.

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The petitioners are facing the prosecution pursuant to the FIR dated 4.9.2023 registered as Case Crime No. 0380 of 2023, under Sections 323, 341, 354 IPC, Police Station Phoolpur, District Azamgarh.

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Learned counsel for the petitioners 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.

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Sri Chandra Bhushan Yadav, learned counsel for opposite party no. 4 has contended that the petitioners have got three criminal cases and they are in the habit of teasing and misbehaving with the girls of the locality.

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After going through the contents of the FIR, it is true that the offences are punishable under 7 years or less than 7 years and as per the guidelines of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273 , it is the discretion of the IO of the case to affect the arrest upon the petitioners after giving the reason for the same.

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Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 41A

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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 .

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However, it is made clear that the petitioners shall give a written undertaking before the S.H.O. Phoolpur, District Azamgarh, within next ten days that they would not repeat the same offence, qua opposite party no. 4 and her sisters. This is the last opportunity granted to the petitioners and in future if they repeat the same act, stringent action should be taken against them.

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Order Date :- 4.10.2023 M. Tarik

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Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad

Rao Deepak Singh and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Rao Deepak Singh and Another v. State of U.P. and 3 Others

Case brief

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