Jitendra Singh @ Jitendra Yadav vs State Of U.P. Thru. Addl. Chief ...
2018 Latest Caselaw 1249 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- MISC. BENCH No. - 17415 of 2018
 

 
Petitioner :- Jitendra Singh @ Jitendra Yadav
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy Home And Ors.
 
Counsel for Petitioner :- Chanchal Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Anil Kumar,J.

Hon'ble Aniruddha Singh,J.

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

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned FIR dated 27.05.2018 lodged by the informant/opposite party no.4, registered at Case Crime No. 0212 of 2018 under sections 147, 323, 354, 504, 506 IPC and 3(1)(b) SC/ST Act, Police Station Safipur, District Unnao and also for direction to the opposite parties not to arrest the petitioner or adopt any coercive method against the petitioner in pursuance of the impugned FIR.

Learned 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).

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

Order Date :- 5.6.2018

P.P.