Gayaprasad & Ors. vs State Of U.P. Thru Addl.Chief ...
2021 Latest Caselaw 4663 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 8887 of 2021
 

 
Petitioner :- Gayaprasad & Ors.
 
Respondent :- State Of U.P. Thru Addl.Chief Secretary, Home, Lko. & Ors.
 
Counsel for Petitioner :- Chanchal Singh,Mukesh Kumar Maurya
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

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. registered vide F.I.R. No. 0065 of 2021, under Sections 323, 504, 506 IPC and Section 3(1)(Da), 3(1)(Gha) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Naimisaranya, District Sitapur.

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 :- 25.3.2021

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