Allahabad High Court
Vasudeo Tiwari & Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 15 June, 2020
Bench: Anil Kumar, Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 8930 of 2020 Petitioner :- Vasudeo Tiwari & Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. & Others Counsel for Petitioner :- Ajay Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Anil Kumar,J.
Hon'ble Mrs. Sangeeta Chandra,J.
Heard Sri Ajay Kumar Pandey, learned counsel for the petitioners, Sri S.P. Singh, 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 with the consent of learned counsel for the parties, who are present today, the present writ petition is being decided 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. dated 02.06.2020 lodged by opposite party no.4 at Police Station Mawal District Ayodhya in Case Crime no.0253 of 2020 under Sections 147,323,504,452,380,427 I.P.C. and Section 3(2) (va) SC/ST Act.
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).
(Sangeeta Chandra,J.) (Anil Kumar, J.) Order Date :- 15.6.2020 dk/