Raj Kishor Yadav (In Fir Raj Kishor) and 2 Others v. State of U.P. Thru. Secy. Home Deptt. Lko. and 3 Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4391 of 2023 Petitioner :- Raj Kishor Yadav (In Fir Raj Kishor) And 2 Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Pramod Kumar Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Hon'ble Umesh Chandra Sharma,J. Heard learned counsel for the petitioners, 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.0128 of 2023 under Section 323, 504, 506 I.P.C., Police Station-Motinagar, District-Sultanpur. Submission of learned counsel for the petitioners is that the petitioners were beaten by the complainant therefore they have lodged an F.I.R. and while his medical was being done the alleged incident is said to have taken place, whereas no such incident has occurred. 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 Officer. 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

¶315Prayer 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. Order Date :- 6.6.2023 S.Verma High Court of Judicature at Allahabad, Lucknow Bench