Vinay Katiyar and 2 Others v. State of U.P. and 2 Others

Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 18510 of 2023 Petitioner :- Vinay Katiyar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gyanendra Kumar Singh Counsel for Respondent :- G.A.,Rajeev Upadhyay Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J. Heard learned counsel for the petitioners and Shri Rajeev Upadhyay, learned counsel for the informant. Although prayer made in this writ petition is to quash the First Information Report registered as Case Crime No.254 of 2023, under Sections 406, 420, 323, 504, 506 IPC, Police Station-Kadri Gate, District-Farrukhabad, but at the time when the matter is taken up learned counsel for the petitioners 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 :- 5.12.2023 LN Tripathi High Court of Judicature at Allahabad