Allahabad High Court
Balram Singh Yadav Kotedar vs State Of U.P. And 3 Others on 8 April, 2022
Bench: Ashwani Kumar Mishra, Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 3739 of 2022 Petitioner :- Balram Singh Yadav Kotedar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shamshuddin Khan Counsel for Respondent :- G.A. Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Rajnish Kumar,J.
Although the prayer made in the writ petition is to quash the F.I.R. in Case Crime No.0044 of 2022, under Sections 504, 506 I.P.C., and Section 3(1) (Da), 3(1) (Dha) of S.C./S.T. Act 1989 (Amendement Act, 2015), Police Station- Kotwali Kalpi, District- Jalaun but at the time when the matter is taken up, learned counsel for the petitioners confines his relief for a direction to the Investigating Authorities to ensure compliance of provisions of Section 41-A Cr.P.C. while conducting the investigation.
In view of above and also since prima facie cognizable offence is otherwise disclosed in the F.I.R., we decline the prayer made in the writ petition to quash the F.I.R. 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.
In case punishment contemplated under the offences under the aforesaid case are below seven years the authorities shall ensure compliance of the provisions of Section 41-A of the Code of Criminal Procedure.
The writ petition is accordingly, disposed off.
Order Date :- 8.4.2022 Md Faisal