Hon'ble Saurabh Lavania,J.
Heard.
The petitioner seeks issuance of a writ in the nature of certiorari quashing First Information Report dated 14.02.2021 arising out of FIR No. 56 of 2021, under Sections 328/379 IPC, Police Station Malihabad, District Lucknow.
The contention of learned Counsel for the petitioner is that only allegation against the petitioner, which has been made during investigation, is of purchasing of stolen tractor. In fact he says that he has not purchased the tractor, but he has been falsely implicated. Learned Counsel for the petitioner says that he is not named in the FIR.
It is good ground for bail, but there is no reason for us to quash the FIR impugned herein, on this ground. If only offence against the petitioner is attracted under Section 411, the protection under Section 41-A Cr.P.C. would automatically be attracted.
With these observations, the writ petition is disposed of. However, without prejudice to the rights of the petitioner to avail other remedies by way of seeking bail or the statutory protection under Section 41-A Cr.P.C.
Order Date :- 17.5.2021 Jyoti/-