Vijay Kumar vs State Of U.P. Thru. Prin. Secy. Home ...
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Allahabad High Court

Vijay Kumar vs State Of U.P. Thru. Prin. Secy. Home ... on 7 May, 2024

Bench: Vivek Chaudhary, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:35075-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3107 of 2024
 

 
Petitioner :- Vijay Kumar
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Others
 
Counsel for Petitioner :- Sanat Singh,Sudhir Kumar
 
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.

Learned A.G.A. has filed before this court written instructions, which are kept on record.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 06.09.2023, bearing F.I.R./Case Crime No.0415/2023, for the offence under Sections 366, 504, 506 I.P.C., registered at Police Station Purwa, District Unnao.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the case. The allegation in the F.I.R. against the petitioner are wrong.

Learned A.G.A. appearing for State/opposite parties on the basis of instructions states that on the basis of statement of the victim recorded under Section 164 Cr.P.C., charge sheet against the petitioner under Section 354 I.P.C. has been prepared and forwarded to the supervisory authority.

In the aforesaid circumstances, learned counsel for the petitioner has submitted that the maximum punishment provided for the offence under Section 354 I.P.C. is less than 07 years. Therefore, petitioner is 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 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

ML/-