Rajesh and 3 Others v. State of U.P. and 3 Others
Case brief
What is this about?
Criminal Misc. Writ Petition No. 4050 of 2022, High Court of Judicature at Allahabad, decided 19.4.2022 by Ashwani Kumar Mishra and Rajnish Kumar, JJ. Petitioners Rajesh and 3 others (counsel V.K.S. Somvanshi) versus State of U.P. and 3 others (G.A. for State; Shrawan Dwivedi for informant). Subject: FIR Case Crime No.1038 of 2021, Sections 498-A, 323, 504, 506, 354 IPC and Section 3/4 Dowry Prohibition Act, Police Station Kalyanpur, District Kanpur Nagar. Quashing of FIR declined as it prima facie discloses cognizable offence, relying 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; direction issued for compliance with Section 41-A CrPC where attracted; writ petition dismissed.
What did the court decide?
Prayer to quash the FIR declined; limited protective direction retained that where Section 41-A CrPC is attracted, the authorities shall ensure its compliance.