Pawnesh Kumar And Others vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 748 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1745 of 2022
 

 
Petitioner :- Pawnesh Kumar And Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Dept. Of Home And Others
 
Counsel for Petitioner :- Vinay Kumar Dubey,Bhup Chandra Singh
 
Counsel for Respondent :- G.A.,Ambrish Kumar Dubey
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Manish Mathur,J.

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

Since the point involved in the present writ petition is trivial in nature, the writ petition is being heard and decided at the admission stage.

Notice to opposite party no.4 is dispensed with.

This petition seeks issuance of a direction in the nature of certiorari quashing the impugned F.I.R. bearing no. 0162 of 2022 under Sections 323, 498-A, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Chinhat, 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 the Supreme Court of India in Arnesh Kumar v. State of Bihar and another, reported in (2014) 8 SCC 273.

The present petition deserves to be disposed of in terms of the statement made by learned AGA.

Accordingly, this petition is disposed of finally in view of the protection provided under Section 41-A Cr.P.C. and the law as laid down by the apex Court in the case of Arnesh Kumar (supra).

Order Date :- 7.4.2022

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