Shiv Ram Sharma vs State Of U.P. Thru Secretary Home, ...
2021 Latest Caselaw 3180 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 6076 of 2021
 

 
Petitioner :- Shiv Ram Sharma
 
Respondent :- State Of U.P. Thru Secretary Home, Lko. & Ors.
 
Counsel for Petitioner :- Vinod Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard Sri Shiv Ram Sharma, the petitioner in person, learned A.G.A. appearing for opposite party No.s 1, 2 and 3 while Sri Ankit Kumar Trivedi, Advocate has put in appearance on behalf of opposite party No.4. The vakalatnama filed by him is taken on record.

The present writ petition is being heard and decided at the admission stage.

This petition seeks issuance of writ, order or direction in the nature of certiorari for quashing the impugned F.I.R. dated 1.2.2020 lodged by respondent No.4, registered as Case Crime/F.I.R. No.68 of 2020 under Sections- 419, 420, 406, 504, 506 of IPC, police station Kotwali, District Barabanki.

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 :- 5.3.2021

RKM.