Sanjeet And 3 Others vs State Of U.P. Thru. Senior ...
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Allahabad High Court

Sanjeet And 3 Others vs State Of U.P. Thru. Senior ... on 16 May, 2024

Bench: Vivek Chaudhary, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:37506-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3411 of 2024
 

 
Petitioner :- Sanjeet And 3 Others
 
Respondent :- State Of U.P. Thru. Senior Suprintendent Of Police Sitapur And 2 Others
 
Counsel for Petitioner :- Kunwar Shyam Babu,Chandra Shekhar Singh Yadav,Kanchan Kunwar
 
Counsel for Respondent :- G.A.,Amarjeet Singh
 

 
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 as well as Sri Amarjeet Singh, Advocate appearing for opposite party no.3/complainant and perused the record

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 28.03.2024 bearing Case Crime No.0086 of 2024, for the offence under Sections 376,504,506 I.P.C., registered at Police Station Sidhauli, District Sitapur.

Learned counsel for the petitioners states that he does not want to press the writ petition on behalf of petitioner no.1 and withdraw the same. Accordingly, the writ petition, so far as, it relates to petitioner no.1, is consigned to record as withdrawn.

So far as petitioner nos. 2 to 4 are concerned, learned counsel for the petitioners has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandates of Code of Criminal Procedure.

Learned 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 :- 16.5.2024

Arjun/-