Sachin Bajpai @ Vinit Kumar vs State Of U.P. Thru. Prin. Secy. Deptt. ...
2024 Latest Caselaw 18516 ALL

Allahabad High Court

Sachin Bajpai @ Vinit Kumar vs State Of U.P. Thru. Prin. Secy. Deptt. ... on 22 May, 2024

Bench: Vivek Chaudhary, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


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Neutral Citation No. - 2024:AHC-LKO:38880-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3659 of 2024
 

 
Petitioner :- Sachin Bajpai @ Vinit Kumar
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others
 
Counsel for Petitioner :- Anil Kumar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Narendra Kumar Johari,J.

Heard Shri Nitin Kumar Bajpai, holding brief of Shri Anil Kumar Mishra, learned counsel for the petitioner, 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 15.05.2024, bearing F.I.R./Case Crime No.0153/2024, for the offence under Sections 353, 427, 504, 506 I.P.C. & Section 3 (a)/4 of the Uttar Pradesh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2013, registered at Police Station - Loni Katra, District - Barabanki.

Learned Additional Government Advocate appearing for State/opposite parties 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).

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(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.)

Order Date :- 22.5.2024

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