Chiranjiv @ Chiranjiv Das vs State Of U.P. Thru Secretary, ...
2021 Latest Caselaw 2829 ALL

Citation : 2021 Latest Caselaw 2829 ALL
Judgement Date : 22 February, 2021

Allahabad High Court

Chiranjiv @ Chiranjiv Das vs State Of U.P. Thru Secretary, ... on 22 February, 2021

Bench: Attau Rahman Masoodi, Alok Mathur




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 4988 of 2021
 
Petitioner :- Chiranjiv @ Chiranjiv Das
 
Respondent :- State Of U.P. Thru Secretary, Home, Lko. & Ors.
 
Counsel for Petitioner :- Santosh Kumar Kanaujia
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioner, learned A.G.A. appearing for the opposite party nos.1 and 2.

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.3 is dispensed with.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 29.08.2020 lodged by respondent no.3, registered as Case Crime/F.I.R. No. 0557 of 2020 under Sections 505(1)(b), 507,295-A IPC at Police Station Gola District Lakhimpur Kheri.

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 AGA.

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

Shahnaz