Indal Lumar Yadav vs State Of U.P. Thru Prin. Secretary ...
2021 Latest Caselaw 3155 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 6032 of 2021
 

 
Petitioner :- Indal Lumar Yadav
 
Respondent :- State Of U.P. Thru Prin. Secretary Home, Lko. & Ors.
 
Counsel for Petitioner :- Arvind Pratap Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard Sri Tushyant Singh holding brief of Sri Arvind Pratap Singh 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 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 19.2.2021 registered as Case Crime/F.I.R. No. 0028 of 2021 under Sections 354 and 506 I.P.C. and Section 7/8 of the Protection of Children from Sexual Offences Act, police station Kaudiya, 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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