Ram Kailash Mishra and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 8309 of 2023 Petitioner :- Ram Kailash Mishra And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Kalika Prasad Pandey Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for petitioners and learned A.G.A. for the State. By means of this writ petition, the petitioners have sought quashing of First Information Report bearing Case Crime No. 0153 of 2023, under Sections 420 & 188 IPC, Police Station-Sangrampur, District-Amethi. After arguing the matter at length, learned counsel for 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 own 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. With the aforesaid observations, the writ petition is disposed of. (Ajai Kumar Srivastava-I, J.) (Rajan Roy, J.) Order Date :- 28.10.2023 Gurpreet Singh High Court of Judicature at Allahabad, Lucknow Bench