Sandeep Kumar v. State of U.P. and 2 Others

Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 18344 of 2023 Petitioner :- Sandeep Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mithilesh Kumar Shukla 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.241 of 2023, under Section 3/7 Essential Commodities Act, Police Station Sajeti, District Kanpur Nagar, 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 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. 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 concerned shall ensure its compliance. Subject to the observations made above, this writ petition is consigned to records. Order Date :- 8.12.2023 Priya High Court of Judicature at Allahabad