Disposed

Mahadev Yadav v. State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko. and 3 Others

Allahabad HC11 Nov 2024CRLP/8445/2024

Case brief

AI extract

What is this about?

Arnesh Kumar v. State of Bihar (2014) 8 SCC 273; Section 41-A Cr.P.C.; Section 35(3) BNSS 2023; arrest protection; offences punishable with less than seven years imprisonment; quashing of FIR; certiorari; SC/ST Act Sections 3(1)(Da), 3(1)(Gha), 3(2)(V); IPC Sections 354(kha), 504, 506; Case Crime No. 0299 of 2024; P.S. Gauriganj, District Amethi; charge-sheet submitted 09.11.2024; writ petition di

What did the court decide?

Petition disposed of; quashing of the FIR not granted. The petitioner is to be dealt with in accordance with the provisions of Section 41-A Cr.P.C. (Now Section 35(3) of B.N.S.S., 2023) and the law la

Mahadev Yadav vs State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko. and 3 Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:74032-DB

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8445 of 2024

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Petitioner :- Mahadev Yadav

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Respondent :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And 3 Others

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Counsel for Petitioner :- Pawan Kumar Tiwari,Anurag Mishra Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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Heard learned counsel for the petitioner, learned A.G.A. appearing for the State/opposite parties and perused the record.

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This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 06.09.2024 bearing Case Crime No.0299 of 2024, for the offence under Sections 354(kha), 504, 506 I.P.C. & Section 3(1)(Da), 3(1) (Gha) & 3(2)(V) of SC/ST Act, registered at Police Station Gauriganj, District Amethi.

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Learned A.G.A. on instructions states that in this case charge-sheet is already submitted to the Court on 09.11.2024.

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Learned counsel for the petitioner has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandates of Code of Criminal Procedure (Now Bhartiya Nagrik Surksha Sanhita, 2023).

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Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioner, entails sentence of less than seven years, provisions of Section

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41-A Cr.P.C. (Now Section 35(3) of B.N.S.S., 2023) shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC

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273: Arnesh Kumar vs. State of Bihar and another.

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Considering the stand of the investigating agency, learned counsel for the petitioner states that protection under Section 41-A Cr.P.C. (Now Section 35(3) of B.N.S.S., 2023) may be provided to petitioner and let this petition be disposed of in view of the above said facts.

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Accordingly, this petition is disposed of in view of the provisions of Section 41-A Cr.P.C. (Now Section 35(3) of B.N.S.S., 2023) and the law as laid down by Apex Court in the case of Arnesh Kumar (supra).

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Order Date :- 11.11.2024

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Arti/-

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[Om Prakash Shukla,J.] [Vivek Chaudhary,J.]

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Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Mahadev Yadav v. State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko. and 3 Others

Case brief

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Mahadev Yadav v. State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko. and 3 Others

Case brief

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