Adarsh Awasthi And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 2264 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 535 of 2023
 
Petitioner :- Adarsh Awasthi And Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
 
Counsel for Petitioner :- Dharmendra Kumar
 
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. appearing for opposite parties no.1 to 3.

The punishment for the offences mentioned in the impugned F.I.R. is less than seven years.

Issuance of notice to the opposite party no. 4 is dispensed with.

This petition seeks issuance of a direction in the nature of certiorari for quashing the impugned F.I.R. dated 30.10.2021 registered as Case Crime/F.I.R. No. 466 of 2022 under Sections498-A, 323, 504, 506 IPC & 3/4 D.P.Act, Police Station Payagpur District Bahraich.

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 provisions of Section 41-A Cr.P.C. and the law as laid down by Apex Court in the case of Arnesh Kumar (supra).

Insofar as petitioner no.4 is concerned who is stated to be a minor, the proceedings shall remain abeyance.

Order Date :- 20.1.2023

Shahnaz