Rahul Sharma & Ors. vs State Of ...
2021 Latest Caselaw 3045 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 5810 of 2021
 
Petitioner :- Rahul Sharma & Ors.
 
Respondent :- State Of U.P.Thru.Prin.Secy.Home,Lucknow & Ors.
 
Counsel for Petitioner :- Dev Mani Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioners, learned A.G.A. appearing for the opposite party nos.1 to 4.

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.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 18.02.2021 registered as FIR No. 68 of 2021 under Section 354-A, 323, 504, 506 120-B IPC at Police Station Krishan Nagar 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. 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 :- 26.2.2021

Shahnaz