Martand Kumar (Mk Singh) vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 4941 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 9811 of 2021
 
Petitioner :- Martand Kumar (Mk Singh)
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. & Others
 
Counsel for Petitioner :- Syed Asaghar Mehdi,Qamar Raza
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Rajeev Singh,J.

Heard learned counsel for the petitioner and learned A.G.A. appearing for the opposite party nos. 1 to 3.

Since the point involved in the present writ petition is trivial in nature, so the present writ petition is being heard and decided at the admission stage.

Notice to the opposite party no. 4 is dispensed with.

This petition seeks issuance of a direction in the nature of certiorari for quashing the impugned F.I.R. dated 04.01.2020 registered as Case Crime/F.I.R. No. 0022 of 2020 under Sections 420, 406, 506, Police Station-Gomti Nagar, District-Lucknow.

Learned Additional Government Advocate looking to the gravity of punishment being less than seven years has stated that the 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.

The present petition deserves to be disposed of in terms of the statement made by learned A.G.A.

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 :- 12.4.2021

VKS