Hon'ble Saurabh Lavania,J.
Heard.
The petitioners seek issuance of a writ in the nature of certiorari quashing First Information Report dated 20.04.2021 bearing Case Crime No.098 of 2021, under Sections 147, 148, 352, 353, 332, 427, 188, 171-F/395/412 I.P.C. and Section 7 Criminal Law Amendment Act, 1932 and Section 139 Prevention of Damage to Public Property Act, 1984 Police Station- Baghrai, District-Pratapgarh.
Contention of learned counsel for the petitioners is that Section 395 I.P.C. has been added subsequently based on some recovery made after lodging of the F.I.R. He says that based on this recovery thirteen persons have been arrested but the petitioner is not one of them. He also submits that as Section 395 I.P.C. is not attracted, therefore, the rest of the provisions of law entitles the petitioners to protection under Section 41A.
Be that as it may, it is for the Investigating Officer to see as to whether Section 395 I.P.C. is attracted in the case of petitioners or not and also that other provisions under Section 41A would then be available. This, however, can not be a ground for quahsing the F.I.R. impugned herein as no valid ground is made out for quashing the impugned F.I.R., therefore, the petition is dismissed but without prejudice to the right of the petitioners in the pending investigation. It is always open for the petitioners to avail the remedies available under Section 438/439 Cr.P.C.
Order Date :- 19.5.2021 Jyoti/-