Altaf Ali vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 6107 ALL

Citation : 2023 Latest Caselaw 6107 ALL
Judgement Date : 24 February, 2023

Allahabad High Court

Altaf Ali vs State Of U.P. Thru. Prin. Secy. ... on 24 February, 2023

Bench: Attau Rahman Masoodi, Om Prakash Shukla




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1576 of 2023
 
Petitioner :- Altaf Ali
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko U.P. And Others
 
Counsel for Petitioner :- Manoj Pandey,Sandeep Kumar Srivastava
 
Counsel for Respondent :- G.A.,A.S.G.I.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

Heard learned counsel for the petitioner and learned A.G.A for the State. Sri Amreesh Rai, learned counsel has put in appearance on behalf of opposite party no.3.

The petitioner is faced with an FIR registered as Case Crime No.530 of 2022 under Section 143 Railway Act at Police Station R.P.F Lucknow District Lucknow. The Section 143 of Railway Act entails a punishment of less than seven years.

Learned counsel for opposite party no.3 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 Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another.

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

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

Order Date :- 24.2.2023

Shahnaz