Lavlesh vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 751 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1722 of 2022
 

 
Petitioner :- Lavlesh
 
Respondent :- State Of U.P. Thru. Prin. Secy. Dept. Of Home U.P. Shashan And Others
 
Counsel for Petitioner :- Virendra Kumar Shukla
 
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.

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. dated 18.03.2022 bearing Case Crime No.115 of 2022, under Section 3/7 Essential Commodities Act, 1955, P.S. Isha Nagar, 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 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/-