Rishi Deo Rai And 2 Others vs State Of U.P. Thru. Prin. Secy. Deptt. Of ...
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Allahabad High Court

Rishi Deo Rai And 2 Others vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 8 May, 2024

Bench: Vivek Chaudhary, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:35593-DB
 
Court No. - 9
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 4473 of 2023
 
Petitioner :- Rishi Deo Rai And 2 Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt. Lko. And 3 Others
 
Counsel for Petitioner :- Rajeev Kr. Chauhan,Abhishek Singh
 
Counsel for Respondent :- G.A.,Ajay Singh,Sakshi Singh,Sameer Singh
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Narendra Kumar Johari,J.

Case called out. None present for the petitioners to press the writ petition. However, learned A.G.A. for the State/respondent Nos. 1 to 3 and learned counsel for the respondent No.4 are present.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 23.05.2023, bearing F.I.R./Case Crime No.0128/2023, for the offence under Section 498-A I.P.C., registered at Police Station Vikas Nagar, District - Lucknow.

As per mediation report dated 12.02.2024, the mediation proceedings have completed and the mediation between the parties has failed.

Learned A.G.A. appearing for the State states that since the punishment for the offence under Section 498-A I.P.C. which has been invoked against the petitioner is less than 07 years, the 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.

In the above circumstances, the writ 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

ML/-