Lallan Kumar Yadav & Anr. vs State Of U.P. Thru Prin. Secretary ...
2021 Latest Caselaw 3154 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 6056 of 2021
 

 
Petitioner :- Lallan Kumar Yadav & Anr.
 
Respondent :- State Of U.P. Thru Prin. Secretary Home, Lko. & Ors.
 
Counsel for Petitioner :- Amrit Kumar Tiwari
 
Counsel for Respondent :- G.A.,Sachindra Dwivedi
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard Sri Ashish Kumar Tripathi holding brief of Sri Amrit Kumar Tiwari learned counsel for the petitioners, Sri Sachindra Dwivedi learned counsel for the complainant 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 up to 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 20.2.2021 registered as Case Crime/F.I.R. No. 79 of 2021 under Sections 419, 420, 504, 506 and 406 I.P.C., police station Cantt, district Ayodhya.

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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