Allahabad High Court
Nasurudin Mobile Shop And Videography & ... vs State Of U.P. Through Secretary Home & ... on 13 January, 2020
Bench: Anil Kumar, Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 3 Case :- MISC. BENCH No. - 708 of 2020 Petitioner :- Nasurudin Mobile Shop And Videography & Others Respondent :- State Of U.P. Through Secretary Home & Others Counsel for Petitioner :- Devendra Pratap Counsel for Respondent :- Govt. Advocate Hon'ble Anil Kumar,J.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioners, learned A.G.A. appearing for the State 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 21.12.2019 lodged by respondent no.4, registered as Case Crime No./F.I.R. No.0469 of 2019, under Sections 68 & 63 of the Copyright Act of 1957 at Police Station-Qasimpur, 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: Arnesh 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 :- 13.1.2020 Vinay/-