Shoaib Ahmad And Ors. vs State Of U.P. Thru Prin. ...
2021 Latest Caselaw 5753 ALL

Citation : 2021 Latest Caselaw 5753 ALL
Judgement Date : 24 May, 2021

Allahabad High Court

Shoaib Ahmad And Ors. vs State Of U.P. Thru Prin. ... on 24 May, 2021

Bench: Attau Rahman Masoodi, Ajai Kumar Srivastava-I




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 10965 of 2021
 
Petitioner :- Shoaib Ahmad And Ors.
 
Respondent :- State Of U.P. Thru Prin. Secretary, Home, Lko. & Ors.
 
Counsel for Petitioner :- Abhishek Yadav,Archana Yadav,Prabhat Kumar Mishra,Sheel Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Ajai Kumar Srivastava-I,J.

Heard learned counsel for the petitioners and learned A.G.A. appearing for respondents no. 1 and 2 through Video Conferencing.

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

Issuance of notice to respondent no. 3 is dispensed with.

This petition seeks issuance of a direction in the nature of certiorari for quashing the impugned F.I.R. registered as Case Crime/F.I.R. No. 505 of 2020 under Sections 504 & 506 I.P.C. and under Sections 3/4 of the D.P. Act, Police Station Kotwali Sitapur, 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 :- 24.5.2021

J.K. Dinkar