Prabhakar Nath Dwivedi & Anr. vs State Of U.P. Thru Prin. ...
2021 Latest Caselaw 4309 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 8010 of 2021
 
Petitioner :- Prabhakar Nath Dwivedi & Anr.
 
Respondent :- State Of U.P. Thru Prin. Secretary, Home, Lko. & Ors.
 
Counsel for Petitioner :- Lalit Kishore Tiwari,Badrus Sahar,Manoj Kumar Dixit,Ratnakar Nath
 
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 FIR No.91 of 2021 under Sections 60/63/72 U.P. Excise Act at Police Station Malihabad 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 :- 22.3.2021

Shahnaz