Anil Kumar Yadav vs State Of ...
2021 Latest Caselaw 3610 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 6745 of 2021
 
Petitioner :- Anil Kumar Yadav
 
Respondent :- State Of U.P.Thru.Prin.Secy.Home,Lucknow & Ors.
 
Counsel for Petitioner :- Karunesh Singh,Avnesh Kumar Singh,Devendra Pratap Singh,Vijay Pratap Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioner and learned AGA for the State.

The punishment for the offences mentioned in the impugned FIR is up to seven years.

Issuance of notice to the opposite party no.4 is dispensed with.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned first information report dated 18.01.2021 bearing FIR No.036 of 2021 under Sections- 381, 411 I.P.C. Police Station Sarojni Nagar 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 :- 15.3.2021

Shahnaz