Sarafraj vs State Of U.P. Thru Secretary, ...
2021 Latest Caselaw 3085 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 5806 of 2021
 

 
Petitioner :- Sarafraj
 
Respondent :- State Of U.P. Thru Secretary, Home, Lko. & Ors.
 
Counsel for Petitioner :- Akhilesh Kumar Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard Mr. Sarfraj /petitioner in person, who shows copy of entry pass as proof of his identity, learned A.G.A. and perused the record.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned first information report dated 11/11/2020 bearing FIR No. 0790 / 2020 under Section 147, 148, 149, 308 323 I.P.C. Police Station - Lalganj, District Pratapgarh.

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 :- 1.3.2021

Ravi/