Amit Jaiswal vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 4173 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 7654 of 2021
 

 
Petitioner :- Amit Jaiswal
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home,Lko.& Ors.
 
Counsel for Petitioner :- Satya Prakash,Abhishek Vishwkarma,Sandeep Srivastava,Shikhar Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

Since the point involved in the present writ petition is trivial in nature, the writ petition is being heard and decided at the admission stage.

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 F.I.R. dated 3.3.2021 registered as F.I.R. No. 0080 of 2021 under Section 60 of the Excise Act, 1910, Police Station Gangaghat, District Unnao.

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 protection provided under 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 :- 19.3.2021

Fahim/-