Shiv Babu Kesarwani v. State of U.P. and 3 Others

Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 16472 of 2023 Petitioner :- Shiv Babu Kesarwani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Mishra Counsel for Respondent :- G.A. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.

¶1Although prayer made in this writ petition is to quash the First Information Report registered as Case Crime No.0123 of 2023, under Sections 3/7 Essential Commodities Act and Sections 3/3A of the Fertilizer (Movement Control) Order, 1973, Police Station - Bara, District - Prayagraj, 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.

¶2We have perused 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.

¶3It 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.

¶4Subject to observations made above, this petition is consigned to records. Order Date :- 7.11.2023 Zafar High Court of Judicature at Allahabad