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IN THE HIGH COURT OF ALLAHABAD
Narendra Kumar Johari, Vivek Chaudhary, JJ.
Shyam Ji Agnihotri And Another - Petitioner
Vs.
State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others - Respondent
Criminal Misc. Writ Petition No. - 2094 of 2024
Decided On : 01-04-2024
Section 41-A Cr.P.C. - Writ Petition for Quashing F.I.R. - The court disposed of the petition 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).
Fact of the Case:
The petition sought the quashing of the impugned F.I.R. lodged by the respondent, which was registered under various sections of the Indian Penal Code.
Finding of the Court:
The court decided to dispose of the petition at the admission stage, considering the trivial nature of the point involved and the statement given by the investigating agency regarding the strict adherence to Section 41-A Cr.P.C. for offences entailing a sentence of less than seven years.
Issues: The issues involved were the petition for quashing the F.I.R. and the applicability of Section 41-A Cr.P.C. based on the nature of the alleged offence.
Ratio Decidendi: The court's decision was influenced by the provisions of Section 41-A Cr.P.C. and the law established by the Supreme Court in the case of Arnesh Kumar, which mandated strict adherence to Section 41-A Cr.P.C. for offences with a sentence of less than seven years.
Final Decision: The petition was 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).
JUDGMENT :
1. Heard learned counsel for the petitioners and learned A.G.A. for the State.
2. 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.
3. Notice to the respondent no.3 is dispensed with.
4. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 04.03.2024 lodged by respondent no.3, registered as F.I.R./Case Crime No.0164/2024, under Sections 406, 452, 147, 504, and 506 I.P.C., Police Station-Kotwali Sadar, District-Kheri.
5. Learned Additional Government Advocate appearing for respondent-State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, 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.
6. Considering the Stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts.
7. 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).
The main legal point established in the judgment is the strict adherence to Section 41-A Cr.P.C. for offences entailing a sentence of less than seven years, as mandated by the Supreme Court in the ca....
The court reinforced the necessity of following Section 41-A Cr.P.C. in cases involving offences with a punishment of less than seven years, as per the Supreme Court's guidelines.
The court reaffirmed the necessity of following Section 41-A Cr.P.C. in cases involving offences with a punishment of less than seven years, as per the Supreme Court's guidance.
The court reinforced the application of Section 41-A Cr.P.C. for offenses with a punishment of less than seven years, ensuring compliance with the Supreme Court's directives.
The court established that for offenses punishable by less than seven years, the arrest must comply with the specific provisions outlined in Section 35(3) of the Bhartiya Nagrik Suraksha Sanhita, 202....
An F.I.R. is invalid if it is not supported by a duly sworn affidavit from the complainant, as mandated by Section 154(3) of the Cr.P.C.
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