Pawan Kumar Pandey & Others vs State Of U.P. Thru. Prn. Secy. Home ...
2021 Latest Caselaw 3148 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 6109 of 2021
 

 
Petitioner :- Pawan Kumar Pandey & Others
 
Respondent :- State Of U.P. Thru. Prn. Secy. Home Lko & Others
 
Counsel for Petitioner :- Rahul Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioners and learned A.G.A. appearing for the opposite party nos.1 to 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 a direction in the nature of certiorari for quashing the impugned F.I.R. dated 7.8.2020 registered as Case Crime/F.I.R. No. 0374 of 2020 under Sections 188, 269, 452, 323, 504, 308, 506 I.P.C. and Section 51 of the Epidemic Disease Act, police station Gauriganj, district Amethi.

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 :- 4.3.2021

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