Uday Prtap And 5 Others vs State Of U.P. Thru. Its Secy. Deptt. Of ...
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Allahabad High Court

Uday Prtap And 5 Others vs State Of U.P. Thru. Its Secy. Deptt. Of ... on 21 November, 2024

Author: Vivek Chaudhary

Bench: Vivek Chaudhary

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:77120-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 8825 of 2024
 

 
Petitioner :- Uday Prtap And 5 Others
 
Respondent :- State Of U.P. Thru. Its Secy. Deptt. Of Home Affairs Lko. And 3 Others
 
Counsel for Petitioner :- Onkar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Om Prakash Shukla,J.

Heard learned counsel for the petitioners, 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 09.04.2024, bearing Case Crime No.0126 of 2024, for the offence under Sections 323,506,354,342 and 498-A I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Ashiyana, District Lucknow.

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 them, which is against the mandates of Code of Criminal Procedure (Now Bharatiya Nagarik Suraksha Sanhita,2023).

Learned Additional Government Advocate appearing for respondents/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.

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).

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

Order Date :- 21.11.2024

Arjun/-