Hamid & Anr. vs State Of ...
2021 Latest Caselaw 4665 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 8815 of 2021
 

 
Petitioner :- Hamid & Anr.
 
Respondent :- State Of U.P.Thru.Addl.Prin.Secy.Home,Lucknow & Ors.
 
Counsel for Petitioner :- Avneesh Kumar Shukla
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

The impugned F.I.R. bearing No. 0018 of 2021 lodged under Sections 419, 420, 504, 506 IPC and Section 3(1)(d), 3(1)(dh), 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act at Police Station Jagdishpur, District Amethi does not entail punishment of more than seven years in so far as the offences under I.P.C. are concerned, as such, invoking of provisions under Section 3(1)(d), 3(1)(dh), 3(2)(V) of S.C./S.T. (Prevention of Atrocities) Act is prima facie erroneous and has wrongly been invoked by the police authorities while registering the F.I.R. Rest of the offences entail punishment of less than seven years, as such, looking to the gravity of punishment being less than seven years learned A.G.A. 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 A.G.A.

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 :- 25.3.2021

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