The High Court declined the prayer to quash the FIR as it prima facie disclosed a cognizable offence, relying on Supreme Court precedents. The court directed authorities to ensure compliance if Section 41A CrPC attracts the case.
Prayer to quash FIR declined; direction for compliance under Section 41A CrPC if applicable; Writ Petition disposed of.
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Neutral Citation No. - 2023:AHC:113912-DB
Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 7918 of 2023
Petitioner :- Raj Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mukesh Kumar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Siddhartha Varma,J. Hon'ble Manish Kumar Nigam,J.
Although prayer made in this writ petition is to quash the First Information Report registered as Case Crime No. 0143 of 2023, under Sections 498-A, 323, 504, 506, 354 I.P.C. and 3/4 D.P. Act, Police Station-Delhi Gate, District- Aligarh, 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 . Prayer made in that regard is, therefore, declined.
It is, however, provided that in the event provisions of Section 41A of the Code of Criminal Procedure are attracted in the facts of the case, the authorities shall ensure its compliance.
Writ petition, accordingly, is disposed of .
Order Date :- 23.5.2023 S. Singh
Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the prayer to quash the FIR can be entertained when it prima facie discloses commissioning of a cognizable offence.
Whether protection under Section 41A of the Code of Criminal Procedure should be granted in the facts of the case.
Colour shows how this judgement treated each authority
State of Telangana Vs. Habib Abdullah JellaniReferred¶7
State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 · Who else cites this
Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and OthersReferred¶7
Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others, (2021) SCC Online SC 315 · Who else cites this
1 provisions across 1 enactments
Raj Kumar
State Of U.P.
Siddhartha Varma
Manish Kumar Nigam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
