Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3622 of 2021 Petitioner :- Sahiba And Another Respondent :- State Of U.P And Others Counsel for Petitioner :- Pankaj Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
FIR prima facia discloses offence against the petitioners. We have already conveyed that such a writ petition is not maintainable. Petitioners are facing investigation in Case Crime No.0175 of 2021, under Sections 147, 148, 149, 323, 332, 353, 188, 427, 224, 225 IPC and Section 7 of Criminal Law Amendment Act at Police Station Sambhal, District Sambhal.
A very general argument is advanced by Sri Pankaj Kumar Gupta that this writ petition should be entertained by this Court as the offence punishable against the petitioners are not such which may attract incarceration above seven years.
The allegations against the petitioners as divulged from the FIR cannot be said to be such which would permit to quash the FIR. Even on the factual data and in view of the recently circulated judgment of the Apex Court in Neeharika Infrastructure Pvt. Limited Vs. State of Maharashtra and others, LL2021 SC 211, we do not find any reason to ambush the FIR at this stage.
We make it clear that the police will adhere the provision of Section 41A Cr.P.C. which is expected from the Police Authority to abide.
Withu these observations, this petition is dismissed.
Order Date :- 13.5.2021 Mukesh Digitally signed by Justice Kaushal Jayendra Thaker Date: 2021.05.13 16:15:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Ajit Singh Date: 2021.05.13 16:18:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad