Umashankar Giri vs State Of ...
2021 Latest Caselaw 4677 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 8682 of 2021
 

 
Petitioner :- Umashankar Giri
 
Respondent :- State Of U.P.Thru.Prin.Secy.Home,Lucknow & Ors.
 
Counsel for Petitioner :- Ram Kewal Tripathi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioner, learned Additional Government Advocate appearing for the State respondents.

With the consent of learned counsel for the parties the present writ petition is being heard and decided at the admission stage itself.

Notice to opposite party No.4 is dispensed with.

This petition seeks issuance of writ, order or direction in the nature of certiorari for quashing the impugned first information report registered as FIR/Case Crime No. 0042 of 2021. under Sections 147, 323, 504, 506, 336, 324, 325, 452, 308, 34 IPC, Police Station - Kotwali Dehat, District - Balrampur.

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 the case of Arnesh Kumar Vs. State of Bihar and another, reported in (2014) 8 SCC 273.

The present petition deserves to be disposed of in terms of the statement made by learned Additional Government Advocate.

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 the Apex Court in the case of Arnesh Kumar (supra).

Order Date :- 25.3.2021

A. Verma