Ajay vs State Of U.P. Thru. Addl. Chief Secy. ...
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Allahabad High Court

Ajay vs State Of U.P. Thru. Addl. Chief Secy. ... on 13 November, 2024

Author: Vivek Chaudhary

Bench: Vivek Chaudhary

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:74906-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 8545 of 2024
 

 
Petitioner :- Ajay
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Home Deptt. U.P. Lko. And 4 Others
 
Counsel for Petitioner :- Hemant Kumar Mishra,Abhishek Mishra,Arti Ganguly
 
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 05.08.2024, bearing F.I.R./Case Crime No.0198 of 2024, under Sections 376-D, 342 I.P.C., Police Station Purwa, District Unnao.

3. Learned A.G.A. for the State, on the basis of instructions, states that Section 376-D I.P.C. is dropped as well as Sections 354, 342 and 504 I.P.C. are added during the course of investigation. He further states that even the charge sheet has also been submitted before the Supervisory Authority on 07.11.2024.

4. In view of above, learned counsel for the petitioner has submitted that the aforesaid offences 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.

5. 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 petitioner, entails sentence of less than seven years, provisions of Section 41-A Cr.P.C. (Now Section 35(3) of BNSS, 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 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 BNSS, 2023) and the law as laid down by Apex Court in the case of Arnesh Kumar (supra).

(Om Prakash Shukla,J.) (Vivek Chaudhary,J.)

Order Date :- 13.11.2024

Saurabh