Umesh Kumar Srivastava @ Bablu & ... vs State Of U.P. Thru Secretary Home, ...
2021 Latest Caselaw 3153 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 6037 of 2021
 

 
Petitioner :- Umesh Kumar Srivastava @ Bablu & Ors.
 
Respondent :- State Of U.P. Thru Secretary Home, Lko. & Ors.
 
Counsel for Petitioner :- Angrej Nath Shukla
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard Sri Rahul Mishra holding brief of Sri Angrej Nath Shukla, learned counsel for the petitioner and learned A.G.A. appearing for the opposite party nos.1 to 2.

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. 3 is dispensed with.

This petition seeks issuance of a direction in the nature of certiorari for quashing the impugned F.I.R. dated 18.02.2021 registered as Case Crime/F.I.R. No. 0028 of 2021 under Sections 34, 147, 427, 447, 504, 506 I.P.C., police station Motiganj, 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 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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