Dinesh Mani Tiwari (In Fir ... vs State Of ...
2021 Latest Caselaw 4787 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 9334 of 2021
 

 
Petitioner :- Dinesh Mani Tiwari (In Fir D.M.Tiwari)
 
Respondent :- State Of U.P.Thru.Prin.Secy.Home,Lucknow & Ors.
 
Counsel for Petitioner :- D.P. Dutt Tiwari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard Sri D.P. Dutt Tiwari, learned counsel for petitioner as well as learned A.G.A. for the State.

The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report dated 13.02.2021 lodged as First Information Report No. / Case Crime No. 0092 of 2021, under Section - 406 of I.P.C. at Police Station - Aashiyana, District Lucknow.

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/