Vidya Sagar Gupta @ Vidya Sagar And ... vs State Of U.P. Thru. Prin. Secy. Home ...
2024 Latest Caselaw 21470 ALL

Allahabad High Court

Vidya Sagar Gupta @ Vidya Sagar And ... vs State Of U.P. Thru. Prin. Secy. Home ... on 1 July, 2024

Bench: Vivek Chaudhary, Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:44634-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 4627 of 2024
 

 
Petitioner :- Vidya Sagar Gupta @ Vidya Sagar And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Others
 
Counsel for Petitioner :- Vinod Kumar Pandey,Rajeev Rai,Sandhya Bharti
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Saurabh Lavania,J.

Supplementary affidavit is taken on record.

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

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 17.06.2024, bearing F.I.R./Case Crime No.0370 of 2024, for the offence under Sections 147, 323, 324, 392 I.P.C., registered at Police Station Madiyaon, District Lucknow and further not to arrest the petitioners in the said FIR.

Learned counsel for the petitioner has submitted that the petitioners are innocent and they have been falsely implicated in the case. The allegations in the F.I.R. against the petitioners are wrong.

Learned A.G.A. appearing for State/opposite parties on the basis of instructions states that Sections 324 and 392 I.P.C. have been dropped after investigation and now the F.I.R. is only under Sections 147 and 323 I.P.C.

In the aforesaid circumstances, learned counsel for the petitioner s has submitted that the maximum punishment provided for the offence under Sections 147 and 323 I.P.C. is less than 07 years. Therefore, petitioners are entitled to the benefit provided under Section 41-A Cr.P.C. and the law laid down by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar and another : (2014) 8 SCC 273.

Learned A.G.A. 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.

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.

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).

[Saurabh Lavania,J.]     [Vivek Chaudhary,J.]
 
Order Date :- 1.7.2024
 
Arun/-