Ahsanul & Ors. vs State Of U.P. Thru Secretary, ...
2021 Latest Caselaw 2817 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 5034 of 2021
 

 
Petitioner :- Ahsanul & Ors.
 
Respondent :- State Of U.P. Thru Secretary, Home, Lko. & Ors.
 
Counsel for Petitioner :- Sheikh Mohammad Ali
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard Sri Sheikh Mohammad Ali, learned counsel for the petitioners, learned A.G.A. on behalf of State and perused the record.

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 respondent No. 4 is dispensed with.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 01.02.2021 lodged by opposite party No. 4 which was registered as FIR/Crime No. 17 of 2021 at Police Station Ramgaon, District Bahraich, under Sections 147, 148, 323, 504,506,452, 427 I.P.C. so far it relates to petitioners.

Learned Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioner, entails sentence of less than seven years, 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.

Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts.

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 :- 22.2.2021/Ravi/