Salahuddin (In Fir Salahuddin @ ... vs State Of U.P. Thru Prin. ...
2021 Latest Caselaw 4313 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 8067 of 2021
 

 
Petitioner :- Salahuddin (In Fir Salahuddin @ Bhattha) & Ors.
 
Respondent :- State Of U.P. Thru Prin. Secretary, Home, Lko. & Ors.
 
Counsel for Petitioner :- Manoj Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Learned counsel for the petitioners is permitted to make necessary corrections in the writ petition to the effect that Section 494 IPC, as wherever it is mentioned in the writ petition, may be corrected as Section 498-A I.P.C., during the course of the day.

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

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

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 09.01.2021 registered as F.I.R. No. 0005 of 2021 under Sections 498-A, 323 IPC, Police Station Nawabganj, District Bahraich.

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 :- 22.3.2021

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