Devansh Maurya vs State Of U.P. Thru Prin. ...
2021 Latest Caselaw 4016 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 7323 of 2021
 

 
Petitioner :- Devansh Maurya
 
Respondent :- State Of U.P. Thru Prin. Secretary, Home, Lko. & Ors.
 
Counsel for Petitioner :- Mahmood Alam,Anurag Tiwari,Gayasuddeen
 
Counsel for Respondent :- G.A.,Santosh Kumar Yadav
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioner, learned Additional Government Advocate appearing for the State respondents and Sri Santosh Kumar Yadav, learned counsel for respondent no. 3 - caveator.

With the consent of learned counsel for the parties the present writ petition is being heard and decided at the admission stage itself.

This petition seeks issuance of writ, order or direction in the nature of certiorari for quashing the impugned first information report registered as Case Crime No. 0038 of 2021. under Sections 147, 323, 504, 506, 354 IPC and Sections 3, 4, 3(1)(r) and 3(1)(d) of SC/ST Act, Police Station - Wazeerganj, 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 the case of Arnesh Kumar Vs. State of Bihar and another, reported in (2014) 8 SCC 273.

The present petition deserves to be disposed of in terms of the statement made by learned Additional Government Advocate.

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 the Apex Court in the case of Arnesh Kumar (supra).

Order Date :- 18.3.2021

A. Verma