High Court dismissed a writ petition seeking quashing of an FIR. Counsel confined relief to Section 41-A CrPC protection. Court refused to quash as prima facie cognizable offence was disclosed.
Writ petition dismissed; direction to authorities to ensure compliance of Section 41-A CrPC if applicable.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 3532 of 2022
Petitioner :- Anil Kumar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Singh Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
Although prayer made in this writ petition is to quash the First Information Report registered as Case Crime No. 248 of 2021, under Sections 308, 325, 504 IPC, Police Station - Indergarh, District - Kannauj, but at the time when the matter is taken up learned counsel for the petitioners confines his relief to grant of protection under section 41-A of Code of Criminal Procedure.
We have perused the the First Information Report, which prima facie discloses commissioning of cognizable offence and, therefore, the prayer made to quash F.I.R. otherwise cannot be entertained in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315.
Writ petition, accordingly, is dismissed.
It is, however, provided that in the event provisions of Section 41-A of the Code of Criminal Procedure are attracted in the facts of the case, the authorities shall ensure its compliance.
Order Date :- 5.4.2022 Ranjeet Sahu
Digitally signed by RANJEET SAHU Date: 2022.04.05 18:25:54 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether to quash the First Information Report under Sections 308, 325, 504 IPC.
Whether to grant protection under Section 41-A of the Code of Criminal Procedure.
Colour shows how this judgement treated each authority
State of Telangana Vs. Habib Abdullah JellaniRelied on¶6
State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 · Who else cites this
Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and OthersRelied on¶6
Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315 · Who else cites this
2 provisions across 2 enactments
Anil Kumar And 3 Others
State Of U.P. And 3 Others
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
