Radhey Shyam & Ors. vs State Of U.P. Thru Prin. ...
2021 Latest Caselaw 4702 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 8472 of 2021
 

 
Petitioner :- Radhey Shyam & Ors.
 
Respondent :- State Of U.P. Thru Prin. Secretary, Home, Lko. & Ors.
 
Counsel for Petitioner :- Manish Singh Chauhan
 
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.

The present writ petition is being heard and decided at the admission stage.

Notice to opposite party No.3 is dispensed with.

This petition seeks issuance of writ, order or direction in the nature of certiorari for quashing the impugned F.I.R. dated 16.3.2021 lodged by respondent No.3, registered as Case Crime/F.I.R. No.92 of 2021 under Sections- 323, 504, 308 IPC, police station Kotwali Mahmoodabad, 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 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.