MUKESH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned A.G.A. for the State.

(2.) By means of this petition, petitioners have sought quashing of the First Information Report dtd. 12/9/2022 bearing Case Crime No.435 of 2022, under Sec. 498-A,323,504,506 I.P.C. and sec. 3/4 of the Dowry Prohibition Act, Police Station-Gosaiganj, District-Lucknow.

(3.) At the outset, learned counsel for the petitioners has submitted that the offence allegedly committed entails a fine and a maximum imprisonment of seven years and as such the Investigating Officer be directed to take recourse to the procedure provided under Sec. 41-A of the Code of Criminal Procedure 1973 ("Code"). In support of his contention. He has placed reliance upon the case of "Arnesh Kumar v. State of Bihar" reported in (2014) 8 SCC 273.