Rinku And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 7115 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1916 of 2023
 

 
Petitioner :- Rinku And Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others
 
Counsel for Petitioner :- Vijayendra Prakash Tripathi
 
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. 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 22.02.2023 registered as F.I.R. No. 68 of 2023, under Sections 447/427/34 I.P.C. and Sections 2/3 of Prevention of Damages to Public Property Act, 1984, Police Station Mohammadpur Khala, District Barabanki.

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 :- 3.3.2023

S. Shivhare