Mohammad Jahir Khan And Another vs State Of U.P. Thru. Secy. Home Deptt. ...
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Allahabad High Court

Mohammad Jahir Khan And Another vs State Of U.P. Thru. Secy. Home Deptt. ... on 1 July, 2024

Bench: Vivek Chaudhary, Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:44629-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7083 of 2023
 

 
Petitioner :- Mohammad Jahir Khan And Another
 
Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others
 
Counsel for Petitioner :- Sajjad Husain
 
Counsel for Respondent :- G.A.,Anil Kumar Yadav,Sanjay Yadav
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Saurabh Lavania,J.

1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record.

2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 30.08.2023, bearing Case Crime No.0237 of 2023, for the offence under Sections 419, 420, 504 & 506 I.P.C., registered at Police Station Jarwal Road, District Bahraich.

3. Learned counsel for the petitioners has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest petitioners, which is against the mandates of Code of Criminal Procedure.

4. Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, 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.

5. Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts.

6. Accordingly, this petition is disposed of in view of the provisions of Section 41-A Cr.P.C. and the law as laid down by Apex Court in the case of Arnesh Kumar (supra).

7. Further, since the investigation is pending for more than one year, therefore, it is expected that the Investigating Officer concerned shall conclude the investigation proceedings without any further delay and submit its report. In case of failure, it shall be open for the parties to move appropriate application before the Superintendent of Police, Bahraich, who shall take decision in the matter expeditiously in accordance with law.

Order Date :- 1.7.2024

Arti/-

[Saurabh Lavania,J.] [Vivek Chaudhary,J.]