Sameer @ Mohd. Sameer Siddiqui vs. State Of U.P. Thru. Prin. Secy. Home

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 2838 of 2024

Petitioner :- Sameer @ Mohd. Sameer Siddiqui Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. U.P. Govt. Lko. And Others Counsel for Petitioner :- Satya Narayan Yadav Counsel for Respondent :- G.A.

Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.

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

2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 06.04.2024, bearing Case Crime No.0117 of 2024, for the offence under Sections 420, 406, 504 & 506 I.P.C. and Section 3(1)(d), 3(1) (dha), 3(2)(Va) of SC/ST Act (Amendment Act, 2015), registered at Police Station Kurshi, District Barabanki.

3. 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.

4. 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 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.

5. Considering the stand of the investigating agency, learned counsel for the petitioner states that let this petition be disposed of in view of the above said facts.

6. 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).

Order Date :- 23.4.2024 Arti/-

[Narendra Kumar Johari,J.] [Vivek Chaudhary,J.]