PHOOL CHANDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report No. 619/20, dated 05.09.2020, under Sections 419, 420 IPC, related to P.S. PGI, District Lucknow.

(2.) We have heard learned counsel for the petitioner(s) and learned counsel for the State and have gone through the contents of the impugned First Information Report. Petitioner(s) is entitled for the benefit of Section 41A Cr.P.C.

(3.) Learned counsel appearing for the State states that the offence(s) allegedly committed entail a sentence up to seven years. In such circumstances, the investigating officer shall ensure compliance of provisions of Section 41 and Section 41-A of the Code of Criminal Procedure as provided by Hon'ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273.