Hon'ble Rajeev Singh,J.
Heard learned counsel for the petitioner and Mrs. Suniti Sachan, learned counsel appearing for the opposite party nos. 1 to 3.
Since the point involved in the present writ petition is trivial in nature, so the present writ petition is being heard and decided at the admission stage.
Notice to the opposite party no. 4 is dispensed with.
This petition seeks issuance of a direction in the nature of certiorari for quashing the impugned F.I.R. dated 03.03.2021 registered as Case Crime/F.I.R. No. 001 of 2021 under Section 3 of the R.P. (U.P.) Act, Police Station-RPF/POST/LOCO, District-Lucknow.
It is submitted that the punishment for the alleged offence is below seven years, as such, the petitioner is entitled to the protection under Section 41-A Cr.P.C. It is further submitted that the application for anticipatory bail filed under Section 438 Cr.P.C. has not evoked any response on account of the closure of the court concerned due to Covid-19.
Once the protection under Section 41-A Cr.P.C. is available to the petitioner, it is expected that the Investigating Officer shall follow the requisite procedure prescribed under law, in view of the settled position of law rendered by the Hon'ble Supreme Court of India in the case of (2014) 8 SCC 273: Arnesh Kumar Vs. State of Bihar and another.
The writ petition is, accordingly, disposed of with the protection, as aforesaid.
Order Date :- 12.4.2021 VKS