Allahabad High Court
Shinku Verma And Another vs State Of U.P. Thru. Addl. Chief Secy. ... on 3 July, 2024
Bench: Vivek Chaudhary, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:45111-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4679 of 2024 Petitioner :- Shinku Verma And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Girish Chandra Verma Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record.
This petition seeks issuance of direction in the nature of Certiorari for quashing the impugned F.I.R. dated 11.6.2024, bearing Case Crime No.0420/2024, for the offence under Sections 342, 323, 504, 506 I.P.C. and Sections 3(1)(r), 3(1)(d) & 3(2) (va) of The Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Gola , District Kheri.
Learned counsel for the petitioners has submitted that the offences, as alleged, in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandates of Code of Criminal Procedure.
Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, provisions of Section 41-A Cr.P.C. shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another.
Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts.
Accordingly, this petition is disposed of in view of the provisions of Section 41-A Cr.P.C. and the law as laid down by Apex Court in the case of Arnesh Kumar (supra).
.
(Narendra Kumar Johari, J.) (Vivek Chaudhary,J.) Order Date :- 3.7.2024 AKK