In Chamber

Case :- MISC. BENCH No. - 8480 of 2020

Petitioner :- Praveen Kumar & Anr.
Respondent :- State Of U.P.Thru Secy.Home Lucknow & Ors.
Counsel for Petitioner :- Vinay Kumar Verma
Counsel for Respondent :- Govt.Advocate

Hon'ble Anil Kumar,J.

Hon'ble Manish Mathur,J.
Heard Vinay Kumar Verma, learned counsel for petitioner, learned
A.G.A. through video conferencing in view of COVID-19 pandemic and
perused the record.
Since the point involved in the present writ petition is trivial in nature,
so the present writ petition is being heard and decided at the admission
stage.
Notice to respondent No. 4 is dispensed with.
This petition seeks issuance of direction in the nature of certiorari for
quashing the impugned first information report dated 04.04.2020, in Case
Crime No. 252/2020 under Section 506, 406, 420 I.P.C. Police Station
Gazipur, District Lucknow against the petitioners.
Learned 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.
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.
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 :- 5.6.2020
Ravi/ Digitally signed by MANISH MATHUR
DN: C=IN, O=Personal, PostalCode=226016,
Digitally signed by Justice Anil Kumar

Justice
DN: C=IN, S=Uttar Pradesh,

MANISH S=Uttar Pradesh,

Phone=967e95a8562fe0f59deeced6cdef33c5ba7
0cf9c18a550dd3301df3d3037af40,
SERIALNUMBER=e0737599e3367c0a4b981972
70264584f183e72a820be097fd8ab9270d5aa65c,
Phone=4ac3c8f63fa217e241f57e92b708d1517010c6525d76
c617cb79e2b0355334f8, PostalCode=226024, STREET="81,
Chander Lok Colony, Aliganj, Lucknow", OU=judge high court
allahabad, O=ALLAHABAD HIGH COURT, CN="Justice Anil
Kumar "

MATHUR
CN=MANISH MATHUR
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