Rajesh Kumar And Anr. vs State Of U.P. Thru Prin Secy Home ...
2018 Latest Caselaw 1248 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- MISC. BENCH No. - 17436 of 2018
 

 
Petitioner :- Rajesh Kumar And Anr.
 
Respondent :- State Of U.P. Thru Prin Secy Home And Ors.
 
Counsel for Petitioner :- Ambrish Kumar Pandey,Dinesh Chandra
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Anil Kumar,J.

Hon'ble Aniruddha Singh,J.

Heard learned counsel for the petitioners and learned State Counsel. Perused the record.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned FIR dated 05.04.2018 lodged by the informant/opposite party no.4, registered at Case Crime No. 0096 of 2018 under sections 419, 420 IPC, Police Station Fatehpur, District Barabanki and also for direction to the opposite parties not to arrest the petitioners in pursuance of the impugned FIR.

Learned Additional Government Advocate appearing for respondents No. 1 to 3 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).

(Aniruddha Singh, J.) (Anil Kumar, J.)

Order Date :- 5.6.2018

P.P.