Ajay Kuamr Tiwari And Anr. vs State Of U.P. Thru Secy. Home And ...
2021 Latest Caselaw 5802 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 10996 of 2021
 
Petitioner :- Ajay Kuamr Tiwari And Anr.
 
Respondent :- State Of U.P. Thru Secy. Home And Ors.
 
Counsel for Petitioner :- Jalaj Kumar Gupta
 
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 State through Video Conferencing.

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

Issuance of notice to the opposite party no. 4 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. 392 of 2021 under Sections 457/380 I.P.C., Police Station Kotwali Sadar, District Kheri.

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 :- 25.5.2021

J.K. Dinkar