Vishal Singh vs State Of U.P. Thru Prin. Secretary ...
2021 Latest Caselaw 3156 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 6030 of 2021
 

 
Petitioner :- Vishal Singh
 
Respondent :- State Of U.P. Thru Prin. Secretary Home, Lko. & Ors.
 
Counsel for Petitioner :- Pradeep Kumar Tripathi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard Sri Vishal Singh holding brief of Sri Pradeep Kumar Tripathi, learned counsel for the petitioner 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 15.12.2020 registered as Case Crime/F.I.R. No. 516 of 2020 under Section 25 of the Arms Act, police station Baksi Ka talab, district Lucknow.

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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