Amit Kumar (Amit Yadav as Per Fir) v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Others
Case brief
What is this about?
Neutral citation 2024:AHC-LKO:71277-DB. Writ petition (CRIMINAL MISC. WRIT PETITION No. 8002 of 2024) by Amit Kumar (Amit Yadav as per FIR) against State of U.P. seeking quashing of FIR No.0439 of 2024 dated 09.10.2024 under Sections 406, 420, 504 & 506 IPC, P.S. Gazipur, Lucknow. Counsel: Indra Pratap Singh and Ashvani Kumar Yadav for petitioner; G.A. for State. Disposed of on 23.10.2024 by bench of Vivek Chaudhary and Om Prakash Shukla, JJ., relying on Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, with the investigating agency undertaking strict compliance with Section 41-A Cr.P.C. (now Section 35(3) BNSS 2023) since the alleged offences attract imprisonment below seven years. Keywords: anticipatory protection from arrest, Arnesh Kumar guidelines, Section 41-A CrPC, Section 35(3) BNSS, FIR quashing refused/disposal.
What did the court decide?
Petition disposed of on the basis of the investigating agency's statement that, the offence entailing sentence of less than seven years, Section 41-A Cr.P.C. (now Section 35(3) B.N.S.S., 2023) shall be strictly followed in terms of Arnesh Kumar; the F.I.R. was not quashed.