Mohd. Jubair Khan @ Jubair & Ors. vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 5937 ALL

Citation : 2021 Latest Caselaw 5937 ALL
Judgement Date : 28 May, 2021

Allahabad High Court

Mohd. Jubair Khan @ Jubair & Ors. vs State Of U.P. Thru. Prin. Secy. ... on 28 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. - 11199 of 2021
 
Petitioner :- Mohd. Jubair Khan @ Jubair & Ors.
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home & Ors.
 
Counsel for Petitioner :- Adil Aziz Khan
 
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 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.3 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 16.04.2021 registered as case crime no.85 of 2021 under Sections 336, 147, 148, 149, 171 (Ga), 188 IPC and Section 7 of Criminal Law( Amendment) Act at Police Station Tikoniya 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 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 :- 28.5.2021

Shahnaz