JAG PRASAD @ JAGGU Vs. STATE OF U.P.

JUDGEMENT

(1.) The petition seeks issuance of a writ in the nature of certiorari quashing FIR dated 27.08.2018, lodged at Case Crime No. 0357 of 2019, under Sections 147, 148, 149, 452, 336, 324, 325, 308, 323, 504, 506 IPC and Section 7 Criminal Law Amendment Act, Police Station Kherighat, District Bahraich.

(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 Honble Supreme Court of India in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273.