Ram Narayan Gupta Alias Ramnayan And ... vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
2024 Latest Caselaw 19087 ALL

Allahabad High Court

Ram Narayan Gupta Alias Ramnayan And ... vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 25 May, 2024

Bench: Vivek Chaudhary, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:39965-DB
 
Court No. - 9
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3748 of 2024
 
Petitioner :- Ram Narayan Gupta Alias Ramnayan And Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
 
Counsel for Petitioner :- Surya Prakash Singh,Shubhranshu Verma
 
Counsel for Respondent :- G.A.
 

 
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 as well as learned counsel for the respondent No.4 and perused the record.

Vakalatnama filed on behalf of respondent No.4 by Shri Vinod Kumar Gupta, Advocate is taken on record.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 09.05.2024, bearing F.I.R./Case Crime No.0087/2024, for the offence under Sections 354, 323, 504, 506, 354 Kha I.P.C. and Section 3 (2) (va) of SC/ST Act, registered at Police Station Kumarganj, District - Ayohdya.

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 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 :- 25.5.2024

ML/-