Diwakar Dutt Jaiswal vs State Of U.P. Thru Prin. ...
2021 Latest Caselaw 3029 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 5427 of 2021
 

 
Petitioner :- Diwakar Dutt Jaiswal
 
Respondent :- State Of U.P. Thru Prin. Secretary, Home, Lko. & Ors.
 
Counsel for Petitioner :- Irfan Khan
 
Counsel for Respondent :- G.A.,Amit Kumar Dwivedi
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard Sri Irfan Khan, learned counsel for the petitioner, learned A.G.A. 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 first information report dated 21.12.2020 vide F.I.R. No. 6155 of 2020, under Section - 135 of the Indian Electricity Act (Amended), 2003 at Police Station - Anti Power Theft District - Lucknow.

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. , U/S 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 :- 25.2.2021

Ravi/