Mahesh Kumar v. State of U.P. Thru Prin. Secy. Home Lko. and 2 Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4402 of 2023 Petitioner :- Mahesh Kumar Respondent :- State Of U.P. Thru Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Adarsh Shukla,Rajiv Raman Srivastava Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Hon'ble Umesh Chandra Sharma,J. Vakalatnama filed by Sri Vishnu Pratap Singh,Advocate on behalf of the respondent no.3 is taken on record. Heard learned counsel for the petitioner, learned AGA and perused the record. This writ petition has been filed with the prayer to quash the First Information Report registered as Case Crime No.378/2023, under Sections 354 Kha, 323, 452, 506 I.P.C. Police Station-Nighasan, District-Lakhimpur Kheri. Submission of learned counsel for the petitioner is that the F.I.R. contains false averments and on account of some village politics, the petitioner has been falsely implicated. The petition is being opposed by learned A.G.A. The correctness or otherwise of the allegation made in F.I.R. need not be examined by us in view of the law settled inasmuch as such issues are required to be examined at the stage of investigation. The petitioner shall be at liberty to place all materials in support of his defence before the Investigating OfÏcer. Since the First Information Report prima facie discloses commissioning of cognizable offence, therefore, it cannot be quashed 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 for quashing the F.I.R. is declined. As the offences alleged in the F.I.R. provide for maximum sentence upto seven years, the provisions of Section 41-A of the Code of Criminal Procedure have to be complied with in view of Satender Kumar Antil versus Central Bureau of Investigation and Another; (2022) 10 SCC 51 and the same shall be complied. With the aforesaid writ petition is disposed of. . (Umesh Chandra Sharma,J.) (Rajnish Kumar,J.) Order Date :- 6.6.2023 Akanksha High Court of Judicature at Allahabad, Lucknow Bench