Rajender Prasad Tiwari v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow and Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 8299 of 2023 Petitioner :- Rajender Prasad Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow And Others Counsel for Petitioner :- Brijesh Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard Shri Brijesh Kumar Srivastava, learned Counsel for the petitioner and learned A.G.A. for the State. By means of this writ petition, the petitioner has sought quashing of First Information Report dated 02.10.2023 bearing Case Crime / F.I.R. No. 0559 of 2023 under Section 380, 384, 504, 506 I.P.C. registered at Police Station - Kotwali Ayodhya, District - Ayodhya. After arguing the matter at length, learned counsel for petitioner 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. Order Date :- 27.10.2023 Lokesh Kumar [Ajai Kumar Srivastava-I, J.] [Rajan Roy, J.] High Court of Judicature at Allahabad, Lucknow Bench