Raj Kumar @ Ram Kumar & Ors. vs State Of U.P. Thru Secretary, ...
2021 Latest Caselaw 4785 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 9340 of 2021
 

 
Petitioner :- Raj Kumar @ Ram Kumar & Ors.
 
Respondent :- State Of U.P. Thru Secretary, Home. Lko. & Ors.
 
Counsel for Petitioner :- Rajesh Kumar,Suresh Kumar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

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

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned first information report at Case Crime/FIR No. 333/2020, under section 332/353/323/504/427 I.P.C., Police Station Hasanganj, District Unnao dated 27.12.2020.

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 :- 26.3.2021

Ravi/