Santosh Kumar Srivastava & Anr. vs State Of U.P. Thru. Secy. ...
2021 Latest Caselaw 4169 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 7664 of 2021
 
Petitioner :- Santosh Kumar Srivastava & Anr.
 
Respondent :- State Of U.P. Thru. Secy. Home,Lko.& Ors.
 
Counsel for Petitioner :- Vashu Deo Mishra,Padmanabh Tiwari,Sourabh Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

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

The punishment for the offences mentioned in the impugned F.I.R. is less than seven years.

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

This petition seeks issuance of a writ or direction in the nature of certiorari for quashing the impugned F.I.R. dated 16.9.2020 registered as FIR No.481 of 2020 under Sections 406, 504,507 IPC at Police Station Ashiyana 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 AGA.

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 :- 19.3.2021

Shahnaz