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IN THE HIGH COURT OF ALLAHABAD
Attau Rahman Masoodi, Ajai Kumar Srivastava-I, JJ.
Tilakram And Others - Petitioner
Vs.
State Of Uttar Pradesh Thru. Prin. Secy. Deptt. Of Home Lko. And Others - Respondent
Criminal Misc. Writ Petition No. - 4464 of 2024
Decided On : 25-06-2024
CERTIORARI - QUASHING OF FIR - The court addressed the petition for quashing an FIR under IPC sections with a punishment of less than seven years, emphasizing adherence to Section 41-A Cr.P.C. as per the Supreme Court's ruling in Arnesh Kumar vs. State of Bihar, which influences the procedural handling of such cases.
Fact of the Case:
The petitioners sought to quash an FIR registered under Sections 452, 354, 323, and 506 IPC, with the alleged offences carrying a punishment of less than seven years.
Finding of the Court:
The court noted the gravity of the punishment and referenced the Supreme Court's directive regarding the application of Section 41-A Cr.P.C., leading to the decision to dispose of the petition accordingly.
Issues: Whether the FIR should be quashed based on the provisions of Section 41-A Cr.P.C. and the Supreme Court's precedent in Arnesh Kumar vs. State of Bihar.
Ratio Decidendi: The court's decision was influenced by the interpretation of Section 41-A Cr.P.C., which mandates certain procedural safeguards in cases involving offences with less than seven years of punishment, as established in the Arnesh Kumar case.
Final Decision: The petition was disposed of in accordance with the provisions of Section 41-A Cr.P.C. and the Supreme Court's ruling.
JUDGMENT :
1. Heard learned counsel for the petitioners and learned Additional Government Advocate for the State.
2. This petition seeks issuance of a direction in the nature of certiorari for quashing the impugned F.I.R. registered as Case Crime/F.I.R. No. 242 of 2024 under Sections 452, 354, 323, 506 I.P.C., Police Station Huzoorpur, district Bahraich.
3. The punishment for the offences mentioned in the impugned F.I.R. is less than seven years.
4. In view of the order proposed to be passed in this writ petition, issuance of notice to the opposite party no. 4 is dispensed with.
5. 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.
6. The present petition deserves to be disposed of in terms of the statement made by learned A.G.A.
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 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 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 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 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....
The power under Section 482 of Cr.P.C. should be exercised sparingly and cautiously to prevent the abuse of process of any court and to secure the ends of justice.
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.
Point of Law : Quash of Criminal proceedings - Power under section 482 Cr.P.C. has to be exercised sparingly, carefully and with great caution.
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