The High Court disposed of a writ petition seeking relief under Section 41-A Cr.P.C. The court held that police must automatically provide protection if statutory conditions are met, requiring no specific direction. The matter was closed without further orders.
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Neutral Citation No. - 2023:AHC-LKO:70481-DB
Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 8312 of 2023
Petitioner :- Alok Kumar Srivastava And Others Respondent :- State Of U.P. Thru. Prin. Secy. Crl Sectt. Govt. U.P. Lucknow And Others Counsel for Petitioner :- Aditya Pandey,Daya Shankar Tiwari Counsel for Respondent :- G.A.
Hon'ble Rajan Roy,J. Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for petitioners and learned A.G.A. for the State.
By means of this writ petition, the petitioners have sought quashing of First Information Report bearing Case Crime No. 0155 of 2022, under Sections 406/420 IPC, Police StationHusainganj, District- Lucknow.
After arguing the matter at length, learned counsel for petitioners confines his prayer to protection prescribed under Section 41-A Cr.P.C.
The said protection is statutorily available in cases where the sentence regarding an offence is of seven or less than seven years, therefore, the police is obliged to extend the benefit of the said provision wherever attracted and no specific direction is required.
If during investigation any other section is added then the law will take its own course, meaning thereby, if the provisions contained in Section 41 or 41-A are not attracted to the said offence/section, then, it shall be open for the police to proceed accordingly.
With the aforesaid observations, the writ petition is disposed of.
(Ajai Kumar Srivastava-I, J.) (Rajan Roy, J.)
Order Date :- 28.10.2023 Gurpreet Singh
Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench
3 provisions across 2 enactments
Alok Kumar Srivastava And Others
State Of U.P. Thru. Prin. Secy. Crl Sectt. Govt. U.P.
Rajan Roy
Ajai Kumar Srivastava-I
As recorded by the court registry
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