Surendra Kumar And Others vs State Of U.P. Thru. Addl. Chief Secy. ...
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Allahabad High Court

Surendra Kumar And Others vs State Of U.P. Thru. Addl. Chief Secy. ... on 3 July, 2024

Bench: Vivek Chaudhary, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:45250-DB
 

 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3668 of 2024
 

 
Petitioner :- Surendra Kumar And Others
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home And Others
 
Counsel for Petitioner :- Anil Kumar Tiwari,Abhishek Dwivedi,Ujjawal Tewari
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Narendra Kumar Johari,J.

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

Learned A.G.A. has submitted copy of instructions sent by Sub Inspector, Police Station Kamrauli, District Amethi, which is taken on record.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 13.05.2024, bearing F.I.R./Case Crime No.0078/2024, for the offence under Sections 323, 506, 498-A I.P.C. and Section 3/4 of Dowry Prohibition Act, at Police Station Kamrauli, District Amethi.

Learned A.G.A., as per instructions, states that respondent No.4 has refused to come to High Court.

Learned counsel for the petitioners has submitted that all the sections invoked against the petitioners carry maximum punishment up to 07 years, therefore, the petitioners are entitled for the benefit provided under Section 41-A Cr.P.C. 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.

Learned Additional Government Advocate appearing for State/respondents 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).

.

(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.)

Order Date :- 3.7.2024

ML/-