HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 3
Case :- MISC. BENCH No. – 24453 of 2019
Petitioner :- Pardeep Kumar Ors.
Respondent :- State Of U.P. Thru. Prin. Secy. Home,Lko. Ors.
Counsel for Petitioner :- Sachin Srivastava
Counsel for Respondent :- G.A.
Hon’ble Anil Kumar,J.
Hon’ble Saurabh Lavania,J.
Heard learned counsel for the petitioners,learned Additional Government Advocate for opposite parties no. 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 disposed of at the admission stage.
Notice to 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. date 3.8.2019 lodged by opposite party no.4 against the petitioners in F.I.R./ Case Crime No.0298 of 2019, under Sections 498A, Section323 I.P.C. and Sectionsection 3/Section4 Dowry Prohibition Act,1961 registered at Police-Station- Rupaidiha District Bahraich.
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 judgement 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).
(Saurabh Lavania,J.) (Anil Kumar,J.)
Order Date :- 9.9.2019