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Sageer Ahmad vs State Of U.P. Thru. Secy. Home Lko. … on 27 September, 2019


?Court No. – 3

Case :- MISC. BENCH No. – 27021 of 2019

Petitioner :- Sageer Ahmad

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

Counsel for Petitioner :- Shailendra Kumar Singh

Counsel for Respondent :- G.A.

Hon’ble Anil Kumar,J.

Hon’ble Saurabh Lavania,J.

Heard learned counsel for the petitioner, 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 18.07.2019 lodged by respondent no.4, registered as Case Crime No.0807 of 2019, under Sections-498A/323/452/342/454/380 SectionI.P.C. Section 3/Section4 of Dowry Prohibition Act, Police Station-Gomti Nagar, District-Lucknow.

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. 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 petitioner 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 :- 27.9.2019




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