Brijesh Kumar & Others vs State Of U.P. Thru. Secy. Home. Lko ...
2021 Latest Caselaw 4964 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 9882 of 2021
 
Petitioner :- Brijesh Kumar & Others
 
Respondent :- State Of U.P. Thru. Secy. Home. Lko & Others
 
Counsel for Petitioner :- Vinod Kumar
 
Counsel for Respondent :- G.A.,Anand Pratap Singh
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Rajeev Singh,J.

Heard learned counsel for the petitioners and learned A.G.A. appearing for the opposite party nos.1 to 2 through video conferencing.

The punishment for the offences mentioned in the impugned F.I.R. is less than seven years.

Issuance of notice to the opposite party no.3 is dispensed with.

The present writ petition has been filed by the petitioners for seeking/quashing of the First Information Report of Case Crime No.0071 of 2021, under Sections 354 Gha, 323, 504, 452, 506 I.P.C. and Section 3 (1) (da), 3 (1) (dha) & 3 (1) (ba) SC/ST Act, Police Station Khargoopur, District Gonda with a further prayer to stay the arrest during the pendency of the investigation of the said case.

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 :- 13.4.2021/Amit/-