Gyanendra Singh vs State Of U.P. Thru Prin. ...
2021 Latest Caselaw 4311 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 8111 of 2021
 

 
Petitioner :- Gyanendra Singh
 
Respondent :- State Of U.P. Thru Prin. Secretary, Home, Lko. & Ors.
 
Counsel for Petitioner :- Hemant Kumar Mishra,Arti Ganguly
 
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.

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

Notice to the opposite party no. 6 is dispensed with.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 28.08.2019 registered as F.I.R. No. 1141 of 2019, under Sections 406, 419, 420 IPC, Police Station Gomtinagar, District Lucknow.

Learned Additional Government Advocate looking to the gravity of punishment being upto 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 :- 22.3.2021

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