Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3144 of 2021 Petitioner :- Riyaz Ahmad And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arif Ikbal Counsel for Respondent :- G.A.,Neelesh Kumar Mishra
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
The petitioners, after we showed our unwillingness to entertain the petition and we point out to the Counsel for the petitioners that his apprehension that petitioners who are relative of the main accused, who is already lodged in Jail, may not be dealt with otherwise than Section 41-A of Code of Criminal Procedure.
We direct the police to adhere to the provisions of Section 41-A of Code of Criminal Procedure, 1973, as the alleged offences are in Case Crime No.38 of 2021, under Sections 420/494/323 IPC, Police Station Utraon, District Prayagraj, punishable not more than seven years and this much indulgence can definitely be showed even under Article 226 of the Constitution of India.
With these observations, the writ petition, without going into the merit, is disposed of.
Order Date :- 12.5.2021 Irshad