RAJENDRA PRASAD MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report No.367 of 2014, under Section 406 I.P.C., Police Station Dhaurhara, District Lakhimpur Kheri.

(2.) We have heard learned counsel for the petitioner  and learned counsel for the State and have gone through the contents of the impugned First Information Report.

(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.