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Allahabad High Court
Rishabh Sonkar vs State Of U.P. Thru. Prin. Secy. Home ... on 31 May, 2024
Bench: Vivek Chaudhary, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:41539-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 3884 of 2024 Petitioner :- Rishabh Sonkar Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Atul Verma,Akhilendra Pratap Singh,Vinod Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J.
Hon'ble Narendra Kumar Johari,J.
Sri Rajiv Raman Srivastava, Advocate has put in appearance on behalf of the opposite party No.4 by filing Vakalatnama alongwith short counter affidavit, which are taken on record.
Heard learned counsel for the petitioner, 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 25.3.2024, bearing F.I.R./Case Crime No.0048 of 2024, for the offence under Sections 147, 323, 506 & 308 I.P.C., registered at Police Station Kaiserbagh, District Lucknow.
Learned counsel for the petitioner has submitted that the offences as alleged in F.I.R. have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest him, 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 petitioner, 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 petitioner 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).
Order Date :- 31.5.2024 Reena/-
[Narendra Kumar Johari,J.] [Vivek Chaudhary,J.]