Allahabad High Court
Pappu Yadav @ Mitrasen vs State Of U.P. Through Prin. Secy. Home & ... on 4 March, 2020
Bench: Anil Kumar, Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 6459 of 2020 Petitioner :- Pappu Yadav @ Mitrasen Respondent :- State Of U.P. Through Prin. Secy. Home & Others Counsel for Petitioner :- Santosh Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Anil Kumar,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner, 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./Case Crime No.0047 of 2020 under Sections 384,342,506,507 I.P.C. at Police Station Aliganj District Ambedkar Nagar lodged by opposite party no.4.
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 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 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).
(Virendra Kumar Srivastava,J.) (Anil Kumar,J.) Order Date :- 4.3.2020 dk/