Prahlad @ Pahlad And Another vs State Of U.P. Thru. Prin. Secy, Home ...
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Allahabad High Court

Prahlad @ Pahlad And Another vs State Of U.P. Thru. Prin. Secy, Home ... on 23 May, 2024

Bench: Vivek Chaudhary, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:39141-DB
 
Court No. - 9
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3583 of 2024
 
Petitioner :- Prahlad @ Pahlad And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy, Home Civil Sectt. Lko And 3 Others
 
Counsel for Petitioner :- Rajesh Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Narendra Kumar Johari,J.

Heard 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 04.05.2024, bearing Case Crime No.0104 of 2024, for the offence under Sections 3/7 Essential Commodities Act, 1955, registered at Police Station Laliya, District Balrampur.

Learned counsel for the petitioner 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 him, 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 :- 23.5.2024

Arjun/-