Mahadev Yadav vs State Of U.P. Thru. Prin. Secy. Home ...
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Allahabad High Court

Mahadev Yadav vs State Of U.P. Thru. Prin. Secy. Home ... on 11 November, 2024

Author: Vivek Chaudhary

Bench: Vivek Chaudhary

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:74032-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 8445 of 2024
 

 
Petitioner :- Mahadev Yadav
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And 3 Others
 
Counsel for Petitioner :- Pawan Kumar Tiwari,Anurag Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Om Prakash Shukla,J.

1. Heard learned counsel for the petitioner, learned A.G.A. appearing for the State/opposite parties and perused the record.

2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 06.09.2024 bearing Case Crime No.0299 of 2024, for the offence under Sections 354(kha), 504, 506 I.P.C. & Section 3(1)(Da), 3(1)(Gha) & 3(2)(V) of SC/ST Act, registered at Police Station Gauriganj, District Amethi.

3. Learned A.G.A. on instructions states that in this case charge-sheet is already submitted to the Court on 09.11.2024.

4. 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 (Now Bhartiya Nagrik Surksha Sanhita, 2023).

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 petitioner, entails sentence of less than seven years, provisions of Section 41-A Cr.P.C. (Now Section 35(3) of B.N.S.S., 2023) 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 petitioner states that protection under Section 41-A Cr.P.C. (Now Section 35(3) of B.N.S.S., 2023) may be provided to petitioner and 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. (Now Section 35(3) of B.N.S.S., 2023) and the law as laid down by Apex Court in the case of Arnesh Kumar (supra).

Order Date :- 11.11.2024

Arti/-

[Om Prakash Shukla,J.] [Vivek Chaudhary,J.]