Vinod Nishad (Vinod Kumar, ... vs State Of U.P. Thru Secretary, ...
2021 Latest Caselaw 4699 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 8520 of 2021
 

 
Petitioner :- Vinod Nishad (Vinod Kumar, Advocate) & Ors.
 
Respondent :- State Of U.P. Thru Secretary, Home, Lko. & Ors.
 
Counsel for Petitioner :- Mohsin Iqbal
 
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. appearing for opposite party No.s 1 and 2 and Sri Chandan Srivastava, Advocate, who has put in appearance on behalf of opposite party No.3. The vakalatnama is taken on record.

The impugned F.I.R. bearing No.106 of 2021 lodged under Sections 147, 148, 323, 504, 506, 427 IPC and Section 3(2) (V) of S.C./S.T. (Prevention of Atrocities) Act at police station Cantt. District Ayodhya does not entail punishment of more than seven years in so far as the offences under IPC are concerned, as such, invoking of Sections under Section 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

RKM.