Neutral Citation No. - 2024:AHC-LKO:26589-DB
Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 2265 of
2024
Petitioner :- Pawan Kumar Mishra
Respondent :- State Of U.P Thru. Prin. Secy. Home Civil
Secrt. Govt. Lko. And Others
Counsel for Petitioner :- Satish Kumar Sharma
Counsel for Respondent :- G.A.
Hon'ble Rajan Roy,J.
Hon'ble Narendra Kumar Johari,J.
Heard.
By means of this petition, the petitioner has sought quashing of
F.I.R. dated 20.03.2024, bearing Case Crime No.0066/2024, for
the offence under Sections 323, 504, 506 I.P.C. and Section 3
(1) (da) & 3 (1) (gha) of SC/ST (Prevention of Atrocities) Act,
1989 (Amendment 2015), registered at Police Station Sidhauli,
District Sitapur.
After arguing the matter at length, learned counsel for the
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 years 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 Cr.P.C. are not attracted to the
said offence/section, then it shall be open for the police to
proceed accordingly.
In the event any new section is added carrying a sentence of
more than 07 years, it shall be open for the petitioner to
approach this court or to seek such other remedies as may be
prescribed under law.
Accordingly, the writ petition is disposed of.
.
(Narendra Kumar Johari,J.) (Rajan Roy,J.)
Order Date :- 29.3.2024
ML/-
Digitally signed by :-
MUNNA LAL
High Court of Judicature at Allahabad,
Lucknow Bench