Allahabad High Court
Deepak Gautam vs State Of Up And 3 Others on 3 April, 2024
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:57581-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5047 of 2024 Petitioner :- Deepak Gautam Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Manish Dev Counsel for Respondent :- G.A.,Kripa Shanker Yadav Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Mohd. Azhar Husain Idrisi,J.
1. Though the F.I.R. has been lodged under Sections 376, 511, 504 and 506 IPC, Police Station - Baniyather, District - Sambhal, but learned A.G.A. informs that Section 376/511 has been deleted and Sections 354 and 354-B have been introduced.
2. Although prayer made in this writ petition is to quash the First Information Report registered as Case Crime No. 0062 of 2024, under Sections 376, 511, 504 and 506 IPC, Police Station - Baniyather, District - Sambhal, but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under section 41-A of Code of Criminal Procedure.
3. 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.
4. It is, however, 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.
5. Subject to observations made above, this petition is consigned to records.
Order Date :- 3.4.2024 Pkb/