Sahiba And Another vs State Of U.P And Others
2021 Latest Caselaw 5308 ALL

Citation : 2021 Latest Caselaw 5308 ALL
Judgement Date : 13 May, 2021

Allahabad High Court

Sahiba And Another vs State Of U.P And Others on 13 May, 2021

Bench: Kaushal Jayendra Thaker, Ajit Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?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