Yogendra Chauhan @ M.P. vs State Of U.P. ...
2021 Latest Caselaw 5866 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 11065 of 2021
 
Petitioner :- Yogendra Chauhan @ M.P.
 
Respondent :- State Of U.P. Thru.Prin.Secy.Home & Ors.
 
Counsel for Petitioner :- Prashansa Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Ajai Kumar Srivastava-I,J.

Heard learned counsel for the petitioner and learned AGA for the 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 writ or direction in the nature of certiorari for quashing the impugned F.I.R. dated 24.03.2021 registered as Case Crime No.0041 of 2021 under Sections 345, 504, 506 IPC Section 3(1) da & (dha) of SC/ST Act and Section 7/8 POCSO Act at Police Station Ibraheempur District Ambedkar Nagar.

In paragraph-11 of the writ petition, it is submitted that all the offences whereunder the FIR has been registered are punishable with a conviction of less than seven years, hence the petitioner is liable to get the benefit of Section 41-A Cr.P.C.

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 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 :- 26.5.2021/Shahnaz