Mo. Javed v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Barabanki and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9667 of 2024 Petitioner :- Mo. Javed Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Barabanki And Others Counsel for Petitioner :- Farooq Ayoob,Mansi Gupta Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned counsel for the petitioner, learned A.G.A. appearing for the State/opposite parties and perused the record.

¶2This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 08.11.2024 bearing F.I.R./Case Crime No.1016 of 2024, for the offence under Sections 406, 419, 420, 468, 323, 504 and 506 I.P.C., registered at Police Station-Kotwali, District Barabanki.

¶3Learned counsel for the petitioner has submitted that the offences as alleged in F.I.R. have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandates of Code of Criminal Procedure.

¶4Learned 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. (Now Section 35(3) of BNSS, 2023) 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.

¶5Considering 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.

¶6Accordingly, this petition is disposed of in view of the provisions of Section 41-A Cr.P.C. (Now Section 35(3) of BNSS, 2023) and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). [Om Prakash Shukla, J.] [Vivek Chaudhary, J.] Order Date :- 18.12.2024 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench