Allahabad High Court
Narendra Pratap Singh (In Fir Narendra ... vs State Of U.P. Thru. Its Secy. Home Deptt. ... on 28 July, 2022
Bench: Rajan Roy, Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5343 of 2022 Petitioner :- Narendra Pratap Singh (In Fir Narendra Singh Alias Mali) Respondent :- State Of U.P. Thru. Its Secy. Home Deptt. Lucknow And Others Counsel for Petitioner :- Sukh Deo Singh,Anamika Singh,Paritosh Shukla Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for petitioner and learned A.G.A. for the State.
By means of this writ petition, the petitioner has sought quashing of First Information Report bearing Case Crime No. 0117 of 2022, under Sections 509, 505(2) IPC and Section 67 IT Act, 2008, Police Station- Dhanpatganj, District- Sultanpur.
After arguing the matter at length, learned counsel for petitioner confines his prayer to protection prescribed under Section 41-A Cr.P.C.
The said protection is statutorily available in cases where the sentence regarding an offence is of seven or less than seven years, therefore, the police is obliged to extend the benefit of the said provision wherever attracted and no specific direction is required.
If during investigation any other section is added then the law will take its own course, meaning thereby, if the provisions contained in Section 41 or 41-A are not attracted to the said offence/section, then, it shall be open for the police to proceed accordingly.
With the aforesaid observations, the writ petition is disposed of.
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(Shekhar Kumar Yadav,J.) (Rajan Roy,J.) Order Date :- 28.7.2022 R.K.P.