Hon'ble Saurabh Lavania,J.
Heard.
The petitioners seek issuance of a writ in the nature of certiorari quashing First Information Report dated 31.03.2021 arising out of FIR No. 167 of 2021, under Sections 148/ 149/ 323/ 427/ 506/ 147/ 436 IPC and 7 Criminal Law Amendment Act, Police Station Laharpur, District Sitapur.
The contention of learned Counsel for the petitioners is that even a bare reading of the impugned FIR, no offence under Section 436 IPC is made out Even otherwise the petitioners have been falsely implicated. He says that if Section 436 IPC is excluded, all other offences carry the sentence of 7 or less than 7 years, thereby attracting Section 41-A Cr.P.C.
Prima-facie, the contention of learned Counsel for the petitioners appears to be correct as regards to Section 436 IPC. However, without recording any conclusive opinion in this regard, it is provided that the Investigating Officer shall keep this aspect in mind as to how Section 436 IPC is attracted and if he find that it is not attracted, then statutory protection under Section 41-A Cr.P.C. shall automatically become available to the petitioner, therefore, there is no reason to quash the FIR.
With these observations, we dispose of this writ petition.
Order Date :- 17.5.2021 Jyoti/-