Raj Kumar vs State Of U.P. Thru Prin. ...
2021 Latest Caselaw 2960 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 5168 of 2021
 

 
Petitioner :- Raj Kumar
 
Respondent :- State Of U.P. Thru Prin. Secretary, Home., Lko. & Ors.
 
Counsel for Petitioner :- Ram Prakash Singh,Ansul Mishra
 
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 opposite party No.s 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 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 8.7.2020 lodged by respondent No.4, registered as Case Crime/F.I.R. No.153 of 2020 under Sections- 498A, 323, 506 IPC and 3/4 of Dowry Prohibition Act, police station Khondare, District Gonda.

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 :- 23.2.2021

RKM.