Awdhesh Singh and Ors v. State of U.P. Through Secretary Home Department and Ors

Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 4847 of 2023 Petitioner :- Awdhesh Singh And Ors. Respondent :- State Of U.P. Through Secretary Home Department And Ors. Counsel for Petitioner :- Angrej Nath Shukla Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard. By means of this petition, the petitioners have sought quashing of F.I.R. dated 14.06.2023 bearing Case Crime No.0203/2023 for the offence under Sections-323, 504, 506 I.P.C. & Section 3(2)(va) of SC/ ST Act, registered at Police Station-Cant, District-Ayodhya. After arguing the matter at length, learned counsel for the petitioners confines his prayer to protection prescribed under Section 41-A Cr.P.C. The said protection is statutorily available in cases where the sentence regarding an offence is of seven or less than seven years, therefore, the police is obliged to extend the benefit of the said provision wherever attracted and no specific direction is required. If during investigation any other section is added then the law will take its course, meaning thereby, if the provisions contained in Section 41 or 41-A are not attracted to the said offence/ section, then it shall be open for the police to proceed accordingly. Accordingly, the writ petition is disposed of. (Syed Qamar Hasan Rizvi,J.) (Rajan Roy,J.) Order Date :- 23.6.2023 Shanu/- High Court of Judicature at Allahabad, Lucknow Bench