Shivram vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
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Allahabad High Court

Shivram vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 22 May, 2024

Bench: Vivek Chaudhary, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:38757-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3646 of 2024
 
Petitioner :- Shivram
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others
 
Counsel for Petitioner :- Jayveer Rajput
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Narendra Kumar Johari,J.

1. Heard learned counsel for the petitioner, learned A.G.A. appearing for the State/opposite parties, Sri Alok Srivastava, Advocate, who has filed his Power today on behalf of opposite party no.4, which is taken on record and perused the record.

2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 30.4.2024, bearing F.I.R./Case Crime No.0120 of 2024, for the offence under Sections 420 & 406 I.P.C., registered at Police Station Dahi, District Unnao.

3. Learned counsel for the petitioner has submitted that the offences as alleged in F.I.R. have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandates of Code of Criminal Procedure.

4. 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 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.

5. 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.

6. 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 :- 22.5.2024

Sachin