Ashwani and 7 Others v. State of U.P. and 2 Others

Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 18018 of 2023 Petitioner :- Ashwani And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Prakash Rai,Ashish Rai Counsel for Respondent :- G.A.,Yogesh Kumar Mishra Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J. This petition has been filed with the prayer to quash the First Information Report registered as Case Crime No.553 of 2023, under Sections 498-A, 323, 427, 504, 506 IPC and 3/4 D.P. Act, Police Station - Modinagar, District - Ghaziabad. In view of the fact that investigation is proceeding against the petitioners only under Sections 323, 427, 506 and 406 IPC and the previous FIR is separate and distinct wherein charge-sheet has been submitted under Section 498-A IPC, learned counsel for the petitioners confines his relief to a direction issued to the Investigating Authority not to proceed against the petitioners except by complying with the provisions of Section 41-A of Code of Criminal Procedure. Learned A.G.A. states that the Investigating Officer shall comply with Section 41-A Cr.P.C. before proceeding against the petitioners. In view of the above, this petition stands disposed of with the direction that the authorities shall ensure compliance of Section 41-A Cr.P.C. in the matter. Order Date :- 5.12.2023 RA High Court of Judicature at Allahabad