Babbar @ Balveer & Ors. vs State Of U.P. Thru Prin. ...
2021 Latest Caselaw 4968 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 9892 of 2021
 
Petitioner :- Babbar @ Balveer & Ors.
 
Respondent :- State Of U.P. Thru Prin. Secretary, Home, Lko. & Ors.
 
Counsel for Petitioner :- Dhananjai Kumar Tripathi
 
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 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.4 is dispensed with.

This petition seeks issuance of a direction in the nature of certiorari for quashing the impugned F.I.R. dated 25.03.2021 registered as Case Crime/F.I.R. No.0033 of 2021 under Sections 147, 447, 406, 323, 352, 504, 506, 353 I.P.C. and Section 7 of Criminal Law Amendment Act, 1967, Police Station Sujauli, District Bahraich.

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/-