Ganesh Prasad and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 8320 of 2023 Petitioner :- Ganesh Prasad And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Vijayendra Prakash Tripathi,Rajesh Kumar Singh Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard. By means of this petition, the petitioners have sought quashing of F.I.R. dated 16.10.2023 bearing case Crime No.0371 of 2023 for the offence under Sections 323, 504, 506 I.P.C. registered at Police Station Malhipur, District-Shrawasti. 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 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. Accordingly, the writ petition is disposed of. (Ajai Kumar Srivastava-I,J.) (Rajan Roy,J.) Order Date :- 28.10.2023 Mahesh High Court of Judicature at Allahabad, Lucknow Bench