Jai Shankar vs State Of U.P. Thru Addl. Chief ...
2021 Latest Caselaw 3247 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 6219 of 2021
 

 
Petitioner :- Jai Shankar
 
Respondent :- State Of U.P. Thru Addl. Chief Secretary, Home, Lko. & Ors.
 
Counsel for Petitioner :- Sanjay Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioner, learned A.G.A. appearing for opposite party No.s 1 and 2.

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

Notice to opposite party No.3 is dispensed with.

This petition seeks issuance of writ, order or direction in the nature of certiorari for quashing the impugned F.I.R. dated 23.10.2020 lodged by respondent No.3, registered as Case Crime/F.I.R. No.362 of 2020 under Section-379 of IPC, police station Kheeron, District Rae Bareli.

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 :- 9.3.2021

RKM.