Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 5588 of 2021 Petitioner :- Gyanendra Shukla And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Dubey Counsel for Respondent :- G.A.,Kshatresh Kumar
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard Sri Sunil Dubey, learned counsel for the petitioners, Sri Ksatresh Kumar, learned counsel for first informant and the learned A.G.A. for the State.
The present writ petition has been filed by the petitioners, praying for quashing of the First Information Report dated 04.06.2021, registered as Case Crime No.138 of 2021, under Sections 498, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, PS Khakheru, District Fatehpur.
The sole submission is that all alleged offences are punishable with imprisonment of seven years or less and therefore, the petitioners are entitled to protection of Section 41 and 41-A CrPC, but without following the said procedure, the police is threatening to arrest the petitioners.
Learned A.G.A. does not dispute the submission.
Accordingly, while declining to quash the impugned FIR, the instant petition is disposed of by providing that in case the police wants to effect arrest of the petitioners, it shall follow the procedure prescribed under Section 41 and 41-A of CrPC.
Order Date :- 19.8.2021 Tamang (Mohd. Aslam,J.) (Manoj Kumar Gupta,J.)