Rahul Sharma @ Rahul Kumar Sharma vs State Of U.P. Thru. Secy. Home Lko. And ...
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Allahabad High Court

Rahul Sharma @ Rahul Kumar Sharma vs State Of U.P. Thru. Secy. Home Lko. And ... on 27 May, 2024

Bench: Vivek Chaudhary, Narendra Kumar Johari

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:40120-DB
 
Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3708 of 2024
 
Petitioner :- Rahul Sharma @ Rahul Kumar Sharma
 
Respondent :- State Of U.P. Thru. Secy. Home Lko. And Others
 
Counsel for Petitioner :- Anoop Srivastava
 
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 29.03.2024, bearing F.I.R./Case Crime No.0067/2024, for the offence under Sections 354, 384, 506 I.P.C. and Section 7/8 of POCSO Act and Section 67 of Information Technology Act, registered at Police Station Dahi, District Unnao.

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).

.

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

Order Date :- 27.5.2024

ML/-