Ashutosh Kumar Pathak v. State of U.P. and Another

Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 18482 of 2023 Petitioner :- Ashutosh Kumar Pathak Respondent :- State of U.P. and Another Counsel for Petitioner :- Devi Prasad Mishra,Pawankumar Dubey Counsel for Respondent :- G.A. 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 registered as Case Crime No.53 of 2023 under Sections 379, 353 IPC & Section 3/7/57 of the UP Up Khanij Parihar Niyamawali, 1963 and 4/21 of Khan Evam Khanij (Vikas ka Viniyaman Adhiniyam, 1957 and 3/5 Prevention of Damage to Public Property Act, 1984, Police Station-Robertsganj, District-Sonbhadra, 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. 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. 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 :- 4.12.2023 LN Tripathi High Court of Judicature at Allahabad