SAGAR SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Government Advocate for the State. This petition seeks issuance of a direction in the nature of certiorari for quashing the impugned F.I.R. registered as Case Crime/F.I.R. No. 72 of 2024 under Ss. 3/7 Essential Commodities Act,1955, Police Station Mahigawan, district Lucknow.

(2.) The punishment for the offences mentioned in the impugned F.I.R. is less than seven years. In view of the order proposed to be passed in this writ petition, issuance of notice to the opposite party no. 4 is dispensed with. Learned Additional Government Advocate looking to the gravity of punishment being less than seven years has stated that the provisions of Sec. 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.

(3.) The present petition deserves to be disposed of in terms of the statement made by learned A.G.A. Accordingly, this petition is disposed of in view of the provisions of Sec. 41-A Cr.P.C. and the law as laid down by Apex Court in the case of Arnesh Kumar (supra).