LAWS(ALL)-2019-10-303

DHIRENDRA PRATAP Vs. STATE OF U.P

Decided On October 01, 2019
DHIRENDRA PRATAP Appellant
V/S
STATE OF U.P Respondents

JUDGEMENT

(1.) The petition seeks issuance of a writ in the nature of certiorari quashing FIR dated 21.08.2018, lodged at Case Crime No. 0118 of 2019, under Sections 323 , 401 , 498-A IPC and Section 3 / 4 of the Dowry Prohibition Act, Police Station Mahila Thana, District Lucknow.

(2.) Heard learned counsel for the petitioners and learned counsel for the respondent-State.

(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.