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Anand Kumar @ Anand Tiwari vs State Of U.P. Thru Prin. ...

High Court Of Judicature at Allahabad|25 February, 2021

JUDGMENT / ORDER

Hon'ble Alok Mathur,J.
Heard learned counsel for the petitioner as well as learned Additional Government Advocate appearing for the State respondents.
Since the point involved in the present writ petition is trivial in nature, so with the consent of learned counsel for the parties the present writ petition is being heard and decided at the admission stage itself.
Notice to opposite party No.3 is dispensed with.
This petition seeks issuance of writ, order or direction in the nature of certiorari for quashing the impugned first information report registered as FIR/Case Crime No. 15 of 2021. under Sections 354, 506 IPC, Police Station - Kotwali Dehat, District - Gonda.
Learned Additional Government Advocate, looking to the gravity of punishment being less than seven years, has stated that the 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 the case of Arnesh Kumar Vs. State of Bihar and another, reported in (2014) 8 SCC 273.
The present petition deserves to be disposed of in terms of the statement made by learned Additional Government Advocate.
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 the Apex Court in the case of Arnesh Kumar (supra).
Order Date :- 25.2.2021 A. Verma
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Title

Anand Kumar @ Anand Tiwari vs State Of U.P. Thru Prin. ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
25 February, 2021
Judges
  • Attau Rahman Masoodi
  • Alok Mathur