Umar Faizi Khan And Others vs State Of U.P Thru. Secy. Deptt. Of ...
2022 Latest Caselaw 733 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1808 of 2022
 

 
Petitioner :- Umar Faizi Khan And Others
 
Respondent :- State Of U.P Thru. Secy. Deptt. Of Home And Others
 
Counsel for Petitioner :- Mohd. Nafees
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Manish Mathur,J.

Heard learned counsel for the petitioner and learned A.G.A. appearing for the State.

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. dated 28.3.2022 registered as Case Crime/F.I.R. No. 97 of 2022, under Sections 498A, 323, 504 I.P.C. and Section 3/4 of the Muslim Women(Protection of Right on Marriage) Act, 2022, police station Malihabad, district Lucknow.

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 :- 7.4.2022

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