Faijan vs State Of U.P. Thru. Prin. Secy. Deptt. Of ...
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Allahabad High Court

Faijan vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 7 May, 2024

Bench: Vivek Chaudhary, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:35068-DB
 
Court No. - 9
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3233 of 2024
 
Petitioner :- Faijan
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Secrt. Lko. And Others
 
Counsel for Petitioner :- Rama Kant Giri,Lavlesh Giri
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioner, 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 13.4.2024, bearing Case Crime/FIR No. 0229/2024, for the offence under Sections 354-B, 342, 506 I.P.C., registered at Police Station Deva, District Barabanki.

Learned AGA, on the basis of his instructions, states that at present girl has not come forward for recording her statement under Section 164 Cr.P.C. despite repeated requests made by the Investigating Officer concerned as she claims to be not in best of her health condition.

Learned counsel for the petitioner prays that he may be provided benefit of Section 41-A of Cr.P.C. as the offences in FIR are punishable for the imprisonment upto seven years and the police is trying to arrest him, which is against the mandates of Code of Criminal Procedure.

Additional Government Advocate appearing for respondent-State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioner, 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 petitioner 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 :- 7.5.2024/AKK