Rakesh Pandey Alias Rakesh Kumar ... vs State Of U.P. Thru. Secy. Home ...
2023 Latest Caselaw 14121 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3478 of 2023
 

 
Petitioner :- Rakesh Pandey Alias Rakesh Kumar Pandey And Another
 
Respondent :- State Of U.P. Thru. Secy. Home Deptt. Govt. Of U.P. Civil Sectt. Lko. And Others
 
Counsel for Petitioner :- Rajesh Kumar Sharma,Prabhu Sharan
 
Counsel for Respondent :- G.A.,Suyesh Pradhan
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioners, learned A.G.A. who appears on behalf of State-respondents and Sri Suyesh Pradhan who appears for the opposite party No.4.

This petition has been filed by the petitioners for the following main prayer:-

"I. Issue a writ, order or direction in the nature of Certiorari for quashing the first information report lodged dated 14.03.2023 by the opposite party no.4 against the petitioners in Case Crime/F.I.R. No.0160/2023, under section 354, 354 (Ka), 354 (Kha), 498-A IPC, Police Station- Gomti Nagar, District-Lucknow East, Commissionrate Lucknow, contained as Annexure No.1 to the writ petition, in the interest of justice.

II. Issue a writ order or direction in the nature of mandamus commanding the opposite party no. 2 & 3 not to arrest the Petitioners in pursuance of the aforesaid the first information report dated 14.03.2023 lodged by the opposite party no.4 in Case Crime/FI.R. No.0160/2023, under section 354, 354 (Ka), 354 (Kha), 498-A IPC, Police Station- Gomti Nagar, District-Lucknow, in the interest of justice."

Learned counsel for the petitioners has submitted that all the offences are punishable with imprisonment of less than 7 years and therefore, he is entitled for the benefit of judgment of the Supreme Court in the case of Arnesh Kumar vs. State of Bihar [(2014) 8 SCC 273].

Learned A.G.A. and Sri Suyesh Pradhan had informed this Court that during investigation Section 376 IPC has been added.

The writ petition is dismissed with liberty to the petitioners to file a fresh petition.

Order Date :- 3.5.2023

Saurabh Yadav/-