Himanshu Gupta v. State of U. P. Thru. Prin. Secy. ,Home,U. P. Govt.
2016-03-17
ADITYA NATH MITTAL, AJAI LAMBA
body2016
DigiLaw.ai
JUDGMENT 1. This petition seeks issuance of a writ in the nature of certiorari quashing First Information Report lodged as Case Crime No.0065 of 2016 under Sections 354, 354(B), 364, 511 I.P.C., P.S. Hazratganj, district Lucknow (Annexure-1). 2. Learned counsel appearing for respondent State has pointed out that Section 364 I.P.C. has been dropped from the array of offences, allegedly committed by the petitioners. Under the circumstances, the offences, in context of which investigation is being undertaken, are punishable with less than seven years of sentence. It has further been stated that in case credible evidence is collected, notice under Section 41-A CrPC shall be given to the petitioners as provided in the judgment rendered by Hon'ble Supreme court of India in Arnesh Kumar versus State of Bihar and another, (2014) 8 SCC 273 . 3. In view of the above, learned counsel for the petitioners states that let this petition be disposed of. 4. The writ petition is disposed of.