Allahabad High Court
Avinindra Pratap Singh @ Avanendra @ ... vs State Of U.P. And 3 Others on 13 May, 2022
Bench: Ashwani Kumar Mishra, Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 5131 of 2022 Petitioner :- Avinindra Pratap Singh @ Avanendra @ Deepu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Singh,Shivam Yadav Counsel for Respondent :- G.A. Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Rajnish Kumar,J.
Although prayer made in this writ petition is to quash the First Information Report registered as Case Crime No. 0145 of 2022, under Sections 354, 504, 506 IPC, Police Station - Ajeetmal, District - Auraiya, 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.
However, as the offence alleged in the police report provide for punishment of less than seven years, the police authorities while conducting investigation shall comply with the provisions of Section 41-A Cr.P.C.
The writ petition stands disposed of, accordingly.
Order Date :- 13.5.2022 Ranjeet Sahu