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Jitendra Kumar & Anr. vs State Of U.P. Thru. Secy. … on 5 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 9

Case :- MISC. BENCH No. – 21267 of 2019

Petitioner :- Jitendra Kumar Anr.

Respondent :- State Of U.P. Thru. Secy. Home,Lko. Ors.

Counsel for Petitioner :- Pawan Kumar Nigam,Ajit Kumar Nishad

Counsel for Respondent :- G.A.

Hon’ble Shabihul Hasnain,J.

Hon’ble Narendra Kumar Johari,J.

Heard.

The petitioner seeks issuance of a writ in the nature of certiorari quashing First Information Report dated 19.07.2019 bearing Case Crime No.0400 of 2019, under Section 354 I.P.C., Police Station- Kakori, Disctirct- Lucknow.

Learned counsel appearing for the State states that the offence(s) allegedly committed entail a sentence up to seven years. In such circumstances, the investigating officer shall ensure compliance of provisions of Section 41, Section41-A and Section41-B of the Code of Criminal Procedure as provided by Hon’ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 271.

On a perusal of the First Information Report impugned herein it can not be said at this stage that no cogniable offence is made out against the petitioner(s), therefore, we do not find any valid ground for interfering with the F.I.R., however, as the offence alleged carry a sentence less than no upto seven years, therefore, statutory protection under Section 41, Section41A and Section41B of the Code of Criminal Procedure is already available, which the police authorities are bound to comply in this case also.

The writ petition is accordingly disposed of.

Order Date :- 5.8.2019

Krishna

 

 

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