Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3150 of 2021 Petitioner :- Dharmendra And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and Sri N.K. Srivastava, learned counsel for State through video conference.
The petitioners, after we showed our unwillingness to entertain the petition and we point out to the Counsel for the petitioners that his apprehension that petitioners may not be dealt with otherwise than Section 41-A of Code of Criminal Procedure.
We direct the police to adhere to the provisions of Section 41-A of Code of Criminal Procedure, 1973, as the alleged offences are in Case Crime No.0179 of 2020, under Sections 498A, 323, 504 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Gautam Budh Nagar, punishable not more than seven years and this much indulgence can definitely be showed even under Article 226 of the Constitution of India.
With these observations, the writ petition, without going into the merit, is disposed of.
Order Date :- 12.5.2021 Irshad