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Kailash Nath Tiwari & Ors. 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 petitioners, learned A.G.A. appearing for opposite parties.
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.
This petition seeks issuance of writ, order or direction in the nature of certiorari for quashing the impugned F.I.R. dated 11.2.2021 lodged by respondent No.4, registered as Case Crime/F.I.R. No.25 of 2021 under Sections- 147, 148, 149, 323, 308, 332, 335, 353, 504 and 506 IPC, police station Kohandour, District Pratapgarh.
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 a case reported in (2014) 8 SCC 273: Arnesh Kumar Vs. State of Bihar and another.
The present petition deserves to be disposed of in terms of the statement made by learned A.G.A.
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).
Order Date :- 25.2.2021 RKM.
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Title

Kailash Nath Tiwari & Ors. vs State Of U.P. Thru Prin. ...

Court

High Court Of Judicature at Allahabad

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