Salar And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 27716 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:64973-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7729 of 2023
 

 
Petitioner :- Salar And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Others
 
Counsel for Petitioner :- Hom Narayan Awasthi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

(1) Heard the learned counsel for the petitioners and the learned A.G.A. who appears for the Opposite party nos.1, 2 & 3.

(2) This petition has been filed by the petitioner for the following main prayer:-

"1) Issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report vide F.I.R. / Case Crime No.0351 of 2023, under Sections 323, 504, 506, 308 I.P.C., at Police Station Risiya, District Bahraich, as contained in Annexure No.1 to this writ petition."

(3) It has been submitted by the learned counsel for the petitioners that all the sections carry the sentence of upto 7 years of imprisonment, therefore, the petitioners are entitled to get the benefit of judgment of the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273.

(4) Learned A.G.A. has produced before this Court the instructions sent by Shri Sanjay Kumar Yadav, Sub-Inspector of Police Station Risiya, District Bahraich, wherein it has been stated that after perusal of the Medical Examination Report of the injured victim, the Charge-sheet under Sections 323, 504, 506, 308 I.P.C. has been prepared against Salar son of Chheda and Qamar Jahan wife of Salar that is the Petitioner nos.1 and 2 respectively.

(5) The Charge-sheet No.A-397 of 2023, dated 03.10.2023, has been submitted against the petitioners to the Supervisory Authority.

(6) In view of the above, this writ petition stands dismissed.

Order Date :- 9.10.2023

N.PAL