Urooj Ahmad Khan (In F. I. R. Urooj Khan Sahab @ Jishan Khan) v. State Of U. P. Through Prin. Secy. Home Dept.
2020-05-26
ANIL KUMAR, MANISH MATHUR
body2020
DigiLaw.ai
JUDGMENT : 1. Heard Sri Ramakar Shukla, learned counsel for the petitioner, Sri Pawan Kumar Mishra, learned Additional Government Advocate for opposite parties no.1 to 3 through Video Conferencing and perused the material available on record. 2. Since the point involved in the present writ petition is trivial in nature, so with the consent of learned counsel for the parties, who are present today, the present writ petition is being decided at the admission stage. 3. Notice to opposite party no.4 is dispensed with. 4. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 17.04.2020 lodged by opposite party no.4 vide F.I.R. No.133 of 2020 under Section 505 I.P.C. and section 66 Information Technology (Amendment) Act, 2008, Police Station Kotwali Dehat, District Sultanpur. 5. 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. 6. Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts. 7. 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).