Ram Adhar And Others vs State Of U.P. Thru. Addl. Chief Secy. ...
2024 Latest Caselaw 18980 ALL

Allahabad High Court

Ram Adhar And Others vs State Of U.P. Thru. Addl. Chief Secy. ... on 24 May, 2024

Bench: Vivek Chaudhary, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:39472-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3709 of 2024
 

 
Petitioner :- Ram Adhar And Others
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others
 
Counsel for Petitioner :- Rakesh Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Narendra Kumar Johari,J.

1. Sri Ashok Kumar Mishra, Advocate has filed power on behalf of respondent no.5 today in Court and the same is taken on record.

2. Heard learned counsel for the petitioners, Sri Ashok Kumar Mishra, learned counsel for respondent no.5, learned A.G.A. appearing for the State/opposite parties and perused the record.

3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 01.05.2024, bearing Case Crime No.114/2024, for the offence under Sections 419, 420, 465 I.P.C., registered at Police Station Kandhai, District Pratapgarh.

4. 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 petitioners, which is against the mandates of Code of Criminal Procedure.

5. 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.

6. 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.

7. 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).

Order Date :- 24.5.2024

Arti/-

[Narendra Kumar Johari,J.] [Vivek Chaudhary,J.]