Smt. Shanti Devi And Others vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 25868 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:60798-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7070 of 2023
 

 
Petitioner :- Smt. Shanti Devi And Others
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. (Home) U.P. Lko. And Others
 
Counsel for Petitioner :- Alok Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioners, learned AGA who appears on behalf of State-respondents and perused the record.

This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of Certiorari for quashing of the First Information Report dated 8.9.2023 registered as FIR No. 0349 of 2023 under Sections 452, 323, 504, 506, 427, 392, 342 IPC at P.S. Khairabad, District Sitapur and for a direction to the respondents not to arrest the petitioners pursuant to the impugned FIR.

Learned AGA has produced before this Court a copy of the written instructions dated 16.9.2023 sent by Sub Inspector, Police Station Khairabad, District Sitapur wherein it has come out that Section 392 IPC has been deleted during the course of investigation.

From a perusal of the prayer clause and the first information report, this Court finds that now all the offences carrying the sentence of upto 7 years of imprisonment.

We dispose of this petition in terms of the judgment rendered by the Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273.

The said instructions are taken on record.

Order Date :- 21.9.2023

AKK