Mukesh Chandra Srivastava & Anr. vs State Of U.P. Thru. Secy. ...
2021 Latest Caselaw 3391 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 6285 of 2021
 

 
Petitioner :- Mukesh Chandra Srivastava & Anr.
 
Respondent :- State Of U.P. Thru. Secy. Home,Lko.& Ors.
 
Counsel for Petitioner :- Deepak Kumar Bhola,Anil Kumar Tripathi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioners, 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 17.2.2021 lodged by respondent No.3, registered as Case Crime/F.I.R. No.109 of 2021 under Sections- 420 and 406 of IPC, police station Kotwali Nagar, 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).

It is open for the petitioners to move appropriate application for release of the bank account which has allegedly been seized by the police.

Order Date :- 12.3.2021

RKM.