Hon'ble Saurabh Lavania,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Sharad Kumar Pathak, for the informant.
Petitioners seek issuance of a writ in the nature of certiorari quahsing First Information Report dated 27.04.2021 arising out of Case Crime No.0100 of 2021, under Sections 147, 148, 352, 452, 323, 504, 506, 427, & 307 I.P.C., Police Station Bazar Shukul, District Amethi.
Contention of learned counsel for the petitioners is that though petitioners are named in the F.I.R., no role referable to offence under Section 307 I.P.C. has been assigned and the rest of the Sections which are mentioned in the F.I.R. carry a sentence of seven or less than seven year, therefore, they are entitled to protection under Section 41-A Cr.P.C.
These are factual issues, which will have to looked into by the Investigating Officer. If the Investigating Officer finds that there is no evidence against the petitioners pointing towards commission of an offence under Section 307 I.P.C. by the petitioner and taking this into consideration if the remaining provisions which are attracted carry seven or less than seven years of sentence then obviously statutory protection under Section 41-A would be attracted but all this have to be seen by the Investigating Officer and no opinion can be formed by this Court under Article 226 of the Constitution of India at this stage on these issues. There is no valid ground for quashing the impugned F.I.R. Accordingly, we dismiss this writ petition subject to above observation.
Order Date :- 19.5.2021 Vinay/-