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NARENDRA KUMAR JOHARI, VIVEK CHAUDHARY
Shyam Ji Agnihotri – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home U. P. Lko. – Respondent
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 fac
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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