Allahabad High Court
Mohd.Shafeeq Khan & Ors. vs State Of ... on 1 March, 2021
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 5903 of 2021 Petitioner :- Mohd.Shafeeq Khan & Ors. Respondent :- State Of U.P.Thru.Prin.Secy.Home,Lucknow & Ors. Counsel for Petitioner :- Dinesh Kumar Shukla,Illegible Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J.
Hon'ble Alok Mathur,J.
Heard Sri Sumit Chaturvedi holding brief of Sri Dinesh Kumar Shukla, learned counsel for the petitioners, learned A.G.A. appearing for opposite party No.s 1 to 3.
The present writ petition is being heard and decided at the admission stage.
Notice to opposite party No.4 is dispensed with.
This petition seeks issuance of writ, order or direction in the nature of certiorari for quashing the impugned F.I.R. dated 19.12.2020 lodged by respondent No.4, registered as Case Crime/F.I.R. No.158 of 2020 under Sections- 498A, 323, 494, 506 of IPC and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 police station Mahila Thana, District Bahraich.
Learned Additional Government Advocate looking to the gravity of punishment being less than seven years has stated that the 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: Arnesh Kumar Vs. State of Bihar and another.
The present petition deserves to be disposed of in terms of the statement made by learned A.G.A.
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).
Order Date :- 1.3.2021 RKM.