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Rakesh Kumar Tiwari @ Guddu Tiwari vs State Of ...

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 A.G.A. appearing for the State of U.P.
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.4 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 F.I.R./Case Crime No. 0014 of 2021. under Section 354 IPC, Police Station - Makhi, District - Unnao.
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

Rakesh Kumar Tiwari @ Guddu Tiwari vs State Of ...

Court

High Court Of Judicature at Allahabad

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