HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 3
Case :- MISC. BENCH No. – 28067 of 2019
Petitioner :- Jitendra Kumar Rathaur Ors.
Respondent :- State Of U.P.Thru.Prin.Secy.Home Ors
Counsel for Petitioner :- Sunil Kumar Singh
Counsel for Respondent :- G.A.
Hon’ble Anil Kumar,J.
Hon’ble Saurabh Lavania,J.
Heard learned counsel for the petitioners, learned A.G.A. appearing for the opposite party nos.1 to 3 and perused the record.
Since the point involved in the present writ petition is trivial in nature, so the present writ petition is being heard and decided at the admission stage.
Notice to the opposite party no.4 is dispensed with.
This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 13.09.2019 lodged by respondent no.4, registered as Case Crime No.0520 of 2019, under Sections-498A, 323, 324, 506 SectionI.P.C. Section 3/4 of D.P. Act, Police Station-Pihani, District-Hardoi.
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 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: SectionArnesh 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).
(Saurabh Lavania,J.) (Anil Kumar,J.)
Order Date :- 15.10.2019