Ashutosh Singh And Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
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Allahabad High Court

Ashutosh Singh And Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 8 May, 2024

Bench: Vivek Chaudhary, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:35606-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6662 of 2023
 

 
Petitioner :- Ashutosh Singh And Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
 
Counsel for Petitioner :- Mahendra Pratap Singh,Ranjit Singh,Suresh Chandra Tiwari
 
Counsel for Respondent :- G.A.,Abhishek Singh,Bhupal Singh,Lalta Prasad Misra
 

 
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/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 26.7.2023, bearing Case Crime No.0220/2023, for the offence under Sections 498A, 316, 323, 504 I.P.C. and Section 3/4 of Dowry Prohibition ACt, registered at Police Station Kotwali Nagar, District Bahraich.

From the perusal of the record, it appears that the matter was sent for mediation by this Court vide order dated 6.9.2023.

Mediation and Conciliation Centre of this Court has sent his report dated 4.3.2024 which shows that no agreement could be reached between the parties.

Learned AGA, on the basis of his instructions, states that charge sheet is prepared in the matter. He further submits that no evidence of Section 316 IPC is found against the petitioners, therefore, only evidence against the petitioners is found under Sections 498A, 323, 504 IPC and 3/4 of D.P. Act which all are having maximum punishment for the term less than seven years imprisonment.

Learned counsel for the petitioners 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 them, 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 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 :- 8.5.2024

AKK