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Judgment
Pankaj Purohit, J
Heard learned Counsel for the parties.
By means of the present writ petition, petitioner has put to challenge the FIR No.0458 of 2024 dated 06.09.2024, under Sections 420, 504 and 506 IPC, registered with Police Station Jaspur, District Udham Singh Nagar and further for a direction to respondent Nos.1 & 2 not to arrest the petitioner pursuant to the aforesaid FIR.
It is contended by learned counsel for the petitioner that the offences alleged against the petitioner in the impugned FIR carry maximum sentence of seven years’ imprisonment, and therefore, the present matter is covered by a judgment rendered by Hon’ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar and another reported in (2014) 8 SCC 273.
Per contra, learned State Counsel submits that the notice was issued to petitioner under Section 35(3) of the B.N.S.S., 2023 (under Section 41A of Cr.P.C.) at his residence at Gorakhpur, Uttar Pradesh, but, he is not coming and cooperating with the investigation.
In view of the statement made by learned State Counsel, since, the petitioner is not cooperating with the investigation, therefore, this Court doesn’t want to interfere with the present matter. Accordingly, the present criminal writ petition is dismissed in-limine.
Pending application, if any, stands disposed of accordingly.