Chhatrapal vs State Of U.P. Thru. Prin. Secy. Deptt. Of ...
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Allahabad High Court

Chhatrapal vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 17 February, 2025

Author: Vivek Chaudhary

Bench: Vivek Chaudhary

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:10022-DB
 
Court No. - 10
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 1369 of 2025
 
Petitioner :- Chhatrapal
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others
 
Counsel for Petitioner :- Radhey Shyam
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Chaudhary,J.
 

Hon'ble Brij Raj Singh,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 18.12.2024, bearing F.I.R./Case Crime No.389 of 2024, for the offence under Sections 447, 427 & 506 I.P.C. and Section 3(2)(va) of SC/ST Act, registered at Police Station Bakshi Ka Talab, District Lucknow.

3. Learned counsel for the petitioner has submitted that the offences as alleged in F.I.R. 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.

4. 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.

5. 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.

6. 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).

.

[Brij Raj Singh,J.] [Vivek Chaudhary,J.]

Order Date :- 17.2.2025

Sachin