Avanish Kumar Rathour vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 6451 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1668 of 2023
 

 
Petitioner :- Avanish Kumar Rathour
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others
 
Counsel for Petitioner :- Rakesh Kumar Tripathi
 
Counsel for Respondent :- G.A.
 

 
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.

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 the opposite party no. 4 is dispensed with.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 02.02.2023 registered as F.I.R. No. 0068 of 2023, under Sections 3/7 of Essential Commodities Act, 1955, Police Station Kotwali, District Sitapur, contained as annexure no.1 to the writ petition.

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 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 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 :- 28.2.2023

S. Shivhare