Jata Shankar Pandey & Ors. vs State Of U.P. Thru Prin. ...
2021 Latest Caselaw 4798 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 9114 of 2021
 

 
Petitioner :- Jata Shankar Pandey & Ors.
 
Respondent :- State Of U.P. Thru Prin. Secretary, Home, Lko. & Ors.
 
Counsel for Petitioner :- Deepak Kumar Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State.

The punishment for the offences mentioned in the impugned F.I.R. is less than seven years.

Notice to the opposite party no. 3 is dispensed with.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. registered vide F.I.R. No. 0053 of 2021, under Sections 323, 504, 506 IPC and Section 3(1)r, 3(1)s of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Vishesharganj, District Bahraich.

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 AGA.

Accordingly, this petition is disposed of in view of the protection provided under Section 41-A Cr.P.C. and the law as laid down by the Apex Court in the case of Arnesh Kumar (supra).

Order Date :- 26.3.2021

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