Shiv Pujan Singh vs State Of U.P. Thru Prin. ...
2021 Latest Caselaw 4788 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 9311 of 2021
 

 
Petitioner :- Shiv Pujan Singh
 
Respondent :- State Of U.P. Thru Prin. Secretary, Home. Lko. & Ors.
 
Counsel for Petitioner :- Balbir Singh,Ram Dheeraj
 
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. and perused the record.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R./Case Crime No. 0035/2021, U/s - 406 I.P.C., Police Station - Gosaiganj, District - Lucknow (South Commissionerate) on 29.01.2021 ,odged by opp. party no. 4 including the investigation.

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/