Sharad Kumar v. State of U.P. Thru. Its Prin. Secy. Home Lko. and 4 Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9728 of 2024 Petitioner :- Sharad Kumar Respondent :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Neeraj Kumar Saxena,Rishi Saxena Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

¶1Heard Ms. Yogita, Advocate, holding brief of Sri Neeraj Kumar Saxena, appearing 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 21.10.2024, bearing F.I.R./Case Crime No.721 of 2024, for the offence under Sections 419, 420, 504 & 506 I.P.C., registered at Police Station PGI, District Lucknow East (Commissionerate Lucknow) and all subsequent/consequential proceedings drawn against the petitioner in the aforesaid F.I.R/Case Crime number.

¶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 :- 19.12.2024 Sachin High Court of Judicature at Allahabad, Lucknow Bench