Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 6963 of 2021 Petitioner :- Rajesh Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nikhilesh Kumar Chaudhary,Deepak Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the petitioners and the learned AGA for the State.
The present writ petition has been filed by the petitioners, praying for quashing of the First Information Report dated 25.07.2021, registered as Case Crime No.144 of 2021, under Sections 498-A, 325, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, 1961, PS Kaptanganj, District Basti.
We have perused the allegations in the FIR wherein there is specific assertion relating to physical assault and hurling of abuses on the first informant and thus, no case is made out for quashing of the impugned FIR.
In the end, counsel for the petitioners submitted 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.
We find substance in the submission of learned counsel for the petitioners that in the facts of the instant case, the procedure prescribed under Section 41 and 41-A CrPC is required to be followed.
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.)