Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 6955 of 2021 Petitioner :- Ajeet And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nasiruzzaman Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
The instant writ petition has been filed by the petitioners, praying for quashing of the First Information Report dated 11.07.2021 registered as Case Crime No. 146 of 2021 under Sections 498-A, 323, 504, I.P.C. and 3/4 Dowry Prohibition Act, police station Gajner, District Kanpur Dehat and with a further prayer to stay their arrest during pendency of investigation of the said case.
The sole submission made by learned counsel for the petitioners is that all the offences are punishable with imprisonment for a term of seven years or less than that and, therefore, the police is bound to follow the procedure prescribed under Section 41-A Cr.P.C. which is not being followed.
Learned A.G.A. fairly stated that in the fact of the instant case, procedure prescribed under Section 41, 41-A Cr.P.C. has to be followed.
Accordingly, while declining to quash the F.I.R., we direct that in case, the police wants to effect the arrest of the petitioners, it shall comply with the provisions of Section 41, 41-A Cr.P.C.
The petition stands disposed of.
(Mohammad Aslam, J.) (Manoj Kumar Gupta, J.) Order Date :- 19.8.2021 Shiraz