Sandeep Kumar Tiwari And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 8304 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2101 of 2023
 

 
Petitioner :- Sandeep Kumar Tiwari And Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Others
 
Counsel for Petitioner :- Mukesh Kumar Mishra,Rajan Mishra
 
Counsel for Respondent :- G.A.,Ganga Prasad Mishra
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Mrs. Saroj Yadav,J.

Heard learned counsel for the parties.

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.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. No. 0099 of 2023, under Sections 308, 323, 504, 506, 341 IPC, Police Station Colonelganj, District Gonda.

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 AGA.

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).

(Mrs. Saroj Yadav, J.) (A.R. Masoodi, J.)

Order Date :- 21.3.2023

Arun