Ram Sukh Saroj & Ors. vs State Of U.P. Thru Secretary, Home ...
2021 Latest Caselaw 4967 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 9900 of 2021
 

 
Petitioner :- Ram Sukh Saroj & Ors.
 
Respondent :- State Of U.P. Thru Secretary, Home Affairs , Lko. & Ors.
 
Counsel for Petitioner :- Keshav Ram Chaurasia,Dhiraj Chaurasiya,Samar Bahadur Singh
 
Counsel for Respondent :- G.A.
 

 
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 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 direction in the nature of certiorari for quashing the impugned F.I.R. Dated 12.01.2021 lodged by respondent no.4, registered as Case Crime No./F.I.R. No.023 of 2021, under Sections 34, 286, 379, 427, 323, 504, 506, 352, 452 & 354 B I.P.C. at Police Station-Jethwara, District Pratapgarh.

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 strictly be 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

Vinay/-