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2025 DAILYLAW 123319 (ALL)

PARVIND KUMAR VERMA @ PARVINDAR VERMA AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS

CRLP/1358/2025 · 2025-02-17

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10048-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1358 of 2025 Petitioner :- Parvind Kumar Verma @ Parvindar Verma And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Pankaj Kumar Singh Counsel for Respondent :- G.A.,Imtishal Shah Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 02.02.2025, bearing Case Crime No.0053 of 2025, for the offence under Sections 419,420,504,506 I.P.C., registered at Police Station Mankapur, District Gonda. Learned counsel for the petitioners has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandates of Code of Criminal Procedure (Now Bharatiya Nagarik Suraksha Sanhita,2023). Learned Additional Government Advocate appearing for respondents/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 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). (Brij Raj Singh,J.) (Vivek Chaudhary,J.) Order Date :- 17.2.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench