Hon'ble Rajeev Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
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.
Issuance of 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 24.03.2021 registered as Case Crime/F.I.R. No. 0101 of 2021 under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station- Katra Bazar, 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 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 :- 15.4.2021 Ashutosh Pandey