Naseer Khan Alias Nasir Khan And ... vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 2644 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 660 of 2023
 
Petitioner :- Naseer Khan Alias Nasir Khan And Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
 
Counsel for Petitioner :- Gyanendra Pathak
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

Heard learned counsel for the petitioners and learned A.G.A. appearing for the opposite party nos. 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 06.01.2023 registered as Case Crime/FIR No.009 of 2023 under Sections 353, 504, 506 IPC, Police Station Nanpara, 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).

Order Date :- 24.1.2023

Shahnaz