Mohd. Zeesan and 2 Others v. State of U.P. and 2 Others

Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 18165 of 2023 Petitioner :- Mohd. Zeesan And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Dutta Pandey,Anjani Kumar Mishra Counsel for Respondent :- G.A.,Ashish Gupta Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.

¶1Heard learned counsel for the petitioner and Sri Ashish Gupta, learned counsel for the informant.

¶2Although prayer made in this writ petition is to quash the First Information Report registered as Case Crime No.128 of 2023, under Sections 147, 148, 149, 452, 354Ka, 354Kha, 352, 323, 504, 506, 448 IPC, Police Station Kotwali, District Commissionerate 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.

¶3We have perused the First Information Report, which prima facie discloses commissioning of cognizable offence and, therefore, the prayer made to quash the First Information Report 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. Prayer made in that regard is, therefore, declined.

¶4It 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 concerned shall ensure its compliance.

¶5Subject to the observations made above, this writ petition is consigned to records. Order Date :- 4.12.2023 Kumar Manish. High Court of Judicature at Allahabad