Raju and 3 Others v. State of U.P. and 2 Others

Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 17849 of 2023 Petitioner :- Raju And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjeev Kumar Shukla Counsel for Respondent :- G.A.,Yashwant Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J. Although prayer made in this writ petition is to quash the First Information Report in Case Crime No.0247 of 2023, under Sections 323, 504, 452, 308, 34 IPC, Police Station Ahraula, District Azamgarh but at the time when the matter is taken up learned counsel for the petitioners confines his relief in this writ petition to grant of protection under Section 41-A of Criminal Procedure Code. We have perused the First Information Report, which prima facie discloses commissioning of cognizable offence and, therefore the prayer made to quash the 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. 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. Subject to observations made above, this petition is consigned to records. Order Date :- 1.12.2023 Ashok Kr. High Court of Judicature at Allahabad