Sajid Thru. His Mother Natural ... vs State Of U.P. Thru. Chief Secy. ...
2023 Latest Caselaw 20071 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:50611-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5905 of 2023
 

 
Petitioner :- Sajid Thru. His Mother Natural Guardian Nasrin
 
Respondent :- State Of U.P. Thru. Chief Secy. (Home), Lucknow And 3 Others
 
Counsel for Petitioner :- Neera Yadav,Shailendra Kumar Tripathi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioner and learned AGA who appears on behalf of State-respondents.

This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of Certiorari for quashing of the impugned First Information Report dated 20.7.2023 registered as FIR No. 410 of 2023 under Sections 147, 354, 294, 323, 504, 506 IPC and 3(2)(va) SC/ST Act and 7/8 of POCSO Act, P.S. Kotwali Ayodhya, District Ayodhya and for a direction to the respondents not to arrest the petitioner pursuant to the impugned FIR.

It has been submitted by the learned counsel for the petitioner that the petitioner is a minor and has been falsely implicated in the impugned FIR only because of a land dispute between the parties. Learned counsel further submits that all the sections invoked against the petitioners carried out a punishment of upto seven years and therefore, he is entitled to the benefit of judgment rendered by the Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273.

This Court has gone through the contents of the FIR and finds no good ground to show interference at this stage.

Accordingly, the writ petition is dismissed.

Order Date :- 1.8.2023

AKK