Rajesh and 5 Others v. State of U.P. and 2 Others
Case brief
What is this about?
Allahabad High Court, Court No. 44; CRIMINAL MISC. WRIT PETITION No. 3681 of 2022 (decided 6.4.2022); Rajesh And 5 Others v. State Of U.P. And 2 Others; Counsel: Vishal Jaiswal for petitioners, G.A. for respondents; Coram: Ashwani Kumar Mishra and Rajnish Kumar, JJ. Quashing of F.I.R. (Case Crime No.0053 of 2022, Sections 147/323/504/506/452 IPC, P.S. Kareli, District Prayagraj) refused - prima facie cognizable offence disclosed - reliance on State of Telangana v. Habib Abdullah Jellani (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (2021) SCC Online SC 315; relief confined to direction for compliance of Section 41-A Cr.P.C. where punishment is below seven years; writ petition disposed off. Keywords: FIR quashing, Section 41-A CrPC notice, arrest safeguards, offences punishable below seven years, investigation direction.
What did the court decide?
Prayer to quash the F.I.R. declined; petitioners' confined relief accepted in part by directing that if the punishment contemplated under the offences is below seven years, the authorities shall ensure compliance of Section 41-A of the Code of Criminal Procedure during investigation.