Mangare Yadav And Others vs State Of U.P. Thru. Secy. Deptt. Home ...
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Allahabad High Court

Mangare Yadav And Others vs State Of U.P. Thru. Secy. Deptt. Home ... on 3 July, 2024

Bench: Vivek Chaudhary, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:45215-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6781 of 2023
 

 
Petitioner :- Mangare Yadav And Others
 
Respondent :- State Of U.P. Thru. Secy. Deptt. Home Civil Secrt. Lko. And Others
 
Counsel for Petitioner :- Brijesh Kumar Pandey
 
Counsel for Respondent :- G.A.,Arpan Prakash Srivastava,Devendra Pratap Upadhyay
 

 
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/respondent Nos.1 & 2 as well as learned counsel for respondent No.3 and perused the record.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 12.08.2023, bearing F.I.R./Case Crime No.0010/2023, for the offence under Sections 498-A, 323, 504, 506, 147 I.P.C. and Section 3/4 of Dowry Prohibition Act, at Police Station Mahila Thana, District Balrampur.

This Court vide order dated 16.10.2023 had referred the matter to the Mediation and Conciliation Center of this Court. However, the report of the Mediation and Conciliation Center dated 22.04.2024 shows that the mediation has failed.

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/-