RAJESH KUMAR AND ANR Vs. STATE OF U P THRU PRIN SECY HOME AND ORS
LAWS(ALL)-2018-6-5
HIGH COURT OF ALLAHABAD
Decided on June 05,2018

Rajesh Kumar And Anr Appellant
VERSUS
State Of U P Thru Prin Secy Home And Ors Respondents

JUDGEMENT

- (1.) Heard learned counsel for the petitioners and learned State Counsel. Perused the record.
(2.) This petition seeks issuance of direction in the nature of certiorari for quashing the impugned FIR dated 05.04.2018 lodged by the informant/opposite party no.4, registered at Case Crime No. 0096 of 2018 under sections 419, 420 IPC, Police Station Fatehpur, District Barabanki and also for direction to the opposite parties not to arrest the petitioners in pursuance of the impugned FIR.
(3.) Learned Additional Government Advocate appearing for respondents No. 1 to 3 has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, 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, Arnesh Kumar vs. State of Bihar and another., 2014 8 SCC 273;


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