Anil Tiwari & Ors. vs State Of U.P.Thru Secretary Home ...
2021 Latest Caselaw 4986 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 9992 of 2021
 

 
Petitioner :- Anil Tiwari & Ors.
 
Respondent :- State Of U.P.Thru Secretary Home Deptt. Lucknow & Ors.
 
Counsel for Petitioner :- Gyanendra Pathak,Adarsh Kumar Tripathi
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Rajeev Singh,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State 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.

This present petition has been filed with a prayer for quashing the impugned F.I.R. dated 29.11.2020 registered as Case Crime No. 0198 of 2020, under Sections 147, 148, 323, 336, 452, 504, 506 and 308 I.P.C., Police Station Sonwa, District Shrawasti, and with a further prayer for directing the opposite parties not to arrest the petitioners in the aforesaid case crime.

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 the 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 :- 15.4.2021

S. Shivhare