Vishal Srivastava vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 11481 ALL

Citation : 2023 Latest Caselaw 11481 ALL
Judgement Date : 18 April, 2023

Allahabad High Court

Vishal Srivastava vs State Of U.P. Thru. Prin. Secy. ... on 18 April, 2023

Bench: Sangeeta Chandra, Narendra Kumar Johari




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2914 of 2023
 
Petitioner :- Vishal Srivastava
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. U.P. Lko. And Others
 
Counsel for Petitioner :- Shri Prakash Pandey,Rakesh Kumar Mishra,Varun Vishal Pandey
 
Counsel for Respondent :- G.A.,Aditya Vikram Shahi
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioner, learned A.G.A. for the State- respondent and Sri Aditya Vikram Sahu, learned counsel for private respondent.

This writ petition has been filed by the petitioner with the following prayers:

i) issue a writ, order or direction in the nature of certiorari thereby quashing the impugned first information report dated 19.03.2023 bearing FIR No.0117 of 2023 under Sections 147, 148, 323, 504, 308 IPC Police Station Gosainganj, District Lucknow.

ii) issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties not to arrest the petitioner in pursuance of the aforesaid F.I.R.

Learned counsel for the petitioner has submitted that all the offences that have been mentioned in the impugned F.I.R carries a maximum punishment of less than seven years, and therefore, the benefit of the judgment rendered by Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 may be given to him.

Learned counsel for private respondent has pointed out that in the FIR there is an allegation of the accused using fire at the victim/informant and a case under the Arms Act is also made out under Section 27 thereof, therefore, Section 41-A would not apply.

This Court is of the opinion that the F.I.R. has been lodged under the specific Sections of the I.P.C. and there is no FIR lodged under Section 27 of the Arms Act. Therefore, the benefit under Section 41-A as has been observed by the Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, is given.

Petition, is thus, disposed of.

Order Date :- 18.4.2023/Reena/-