Manoj Jaiswal vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 749 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1739 of 2022
 

 
Petitioner :- Manoj Jaiswal
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others
 
Counsel for Petitioner :- Siddhant Mishra
 
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. 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.

This petition seeks issuance of a direction in the nature of certiorari quashing the impugned F.I.R. dated 11.06.2021 bearing Case Crime no.026 of 2021 under Sections 60 and 72 U.P. Excise Act, 1910 P.S. SIT, 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

kvg/-