Pankaj Tiwari & Ors. vs State Of U.P. Thru Secretary Home, ...
2021 Latest Caselaw 3147 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 6061 of 2021
 
Petitioner :- Pankaj Tiwari & Ors.
 
Respondent :- State Of U.P. Thru Secretary Home, Lko. & Ors.
 
Counsel for Petitioner :- Rajendra Prasad Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard Sri Aadarsh Kumar Tripathi holding brief of Sri Rajendra Prasad Mishra, learned counsel for the petitioners, learned A.G.A. appearing for the opposite party nos.1to 3.

The punishment for the offences mentioned in the impugned F.I.R. is less than seven years.

Issuance of notice to the 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 17.02.2021 registered as FIR No.0056 of 2021 under Sections 498-A, 323, 506 IPC & 3/4 D.P.Act at Police Station Wazeerganj 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 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 :- 4.3.2021

Shahnaz