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IN THE HIGH COURT OF ALLAHABAD
Attau Rahman Masoodi, Ajai Kumar Srivastava-I, JJ.
Vijay Kumar Yadav - Petitioner
Vs.
State Of Uttar Pradesh Thru. Prin. Secy. Home Uttar Pradesh Lko. And Others - Respondent
Criminal Misc. Writ Petition No. - 4459 of 2024
Decided On : 25-06-2024
CERTIORARI - F.I.R. QUASHING - The court addressed a petition seeking to quash an F.I.R. under various IPC sections, emphasizing the application of Section 41-A Cr.P.C. due to the nature of the offences involved, which carry a punishment of less than seven years. The court highlighted the necessity of adhering to the Supreme Court's ruling in Arnesh Kumar v. State of Bihar regarding the procedural safeguards in such cases, leading to the decision to dispose of the petition accordingly.
Fact of the Case:
The petitioner sought to quash an F.I.R. registered under Sections 341, 308, 323, 504, 506, and 286 IPC, with the offences carrying a punishment of less than seven years.
Finding of the Court:
The court noted the gravity of the offences and the applicable legal provisions, particularly Section 41-A Cr.P.C., and acknowledged the Supreme Court's directive in Arnesh Kumar's case regarding the treatment of such matters.
Issues: Whether the F.I.R. should be quashed based on the provisions of Section 41-A Cr.P.C. and the Supreme Court's ruling in Arnesh Kumar v. State of Bihar.
Ratio Decidendi: The court determined that the provisions of Section 41-A Cr.P.C. must be strictly followed in cases where the punishment is less than seven years, as established by the Supreme Court, thereby influencing the decision to dispose of the petition.
Final Decision: The petition was disposed of in accordance with the provisions of Section 41-A Cr.P.C. and the Supreme Court's judgment in Arnesh Kumar's case.
JUDGMENT :
1. Heard learned counsel for the petitioner 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. 0098 of 2024 under Sections 341, 308, 323, 504, 506 and 286 I.P.C., Police Station Maheshganj, district Pratapgarh.
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 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 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....
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.
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.
The court can quash F.I.R. and subsequent proceedings based on a genuine compromise between the parties, following established legal principles.
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