Hon'ble Allahabad High Court held that FIR disclosing cognizable offence cannot be quashed relying on Supreme Court precedents but directed compliance with Section 41A CrPC.
Prayer to quash F.I.R. declined; direction for compliance of Section 41A CrPC issued.
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Neutral Citation No. - 2023:AHC:120198-DB
Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 8246 of 2023
Petitioner :- Sandeep And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohan Kant Baghel 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.01 of 2023, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station - Mahila Thana, District - Firozabad, but at the time when the matter is taken up learned counsel for the petitioners confines his relief to grant of protection under section 41A 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.
However, it is provided that in the event provisions of Section 41-A of the Code of Criminal Procedure are attracted in the facts of the case, the authorities shall ensure its compliance.
With the above directions, the writ petition, accordingly, is disposed of .
Order Date :- 29.5.2023 Rishabh
[Manish Kumar Nigam, J.] [Siddhartha Varma, J.]
Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the First Information Report disclosing prima facie commission of cognizable offence can be quashed.
Grant of protection under Section 41A of Code of Criminal Procedure to the petitioners.
Colour shows how this judgement treated each authority
State of Telangana Vs. Habib Abdullah JellaniApplied¶7
(2017) 2 SCC 779 · Who else cites this
Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and OthersApplied¶7
(2021) SCC Online SC 315 · Who else cites this
1 provisions across 1 enactments
Sandeep And 7 Others
State Of U.P. And 2 Others
Hon'ble Siddhartha Varma, J.
Hon'ble Manish Kumar Nigam, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
