Ram Aasrey and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Others

Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 4872 of 2023 Petitioner :- Ram Aasrey And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Avinash Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard. By means of this petition, the petitioner has sought quashing of the impugned F.I.R. dated 14.05.2023 bearing Case Crime No. 0372 of 2023 for the offence under Sections 352, 420, 447, 504 & 506 I.P.C. registered at Police Station - Deva, District - Barabanki. 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 proceedaccordingly. Accordingly, the writ petition is disposed of. Order Date :- 23.6.2023 Lokesh Kumar High Court of Judicature at Allahabad, Lucknow Bench