Hari Shankar Mishra v. State of U.P. and 3 Others
Case brief
What is this about?
Quashing of FIR refused where cognizable offence prima facie disclosed; reliance on State of Telangana v. Habib Abdullah Jellani (2017) 2 SCC 779 and Neeharika Infrastructure v. State of Maharashtra (2021) SCC Online SC 315; offences under Sections 379, 411 IPC, Section 4/21 Mines and Minerals (Regulation and Development) Act 1957 and Section 3 Prevention of Damages to Public Property Act 1984; P.S. Tindwari, District Banda; petitioner Hari Shankar Mishra; protection direction under Section 41-A CrPC; Division Bench (Siddhartha Varma and Manish Kumar Nigam, JJ.); writ petition dismissed on 15.5.2023.
What did the court decide?
Writ petition dismissed; no quashing of the FIR. Only a protective direction that if the provisions of Section 41-A of the Code of Criminal Procedure are attracted, the authorities shall ensure its compliance.