Pawan Gupta And Another vs State Of U.P. And 2 Others
2022 Latest Caselaw 5382 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7912 of 2022
 

 
Petitioner :- Pawan Gupta And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Avinash Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Gautam Chowdhary,J.

The petitioners' counsel states that the petition is covered by the judgment of this Court in the case of Vimal Kumar and others Vs. State of U.P. and others, 2021 0 Supreme (All) 64. The judgment of Vimal Kumar (supra) lays down the law that all the sections for which the petitioners are alleged to have committed offence are below seven years punishment, the police authorities while conducting investigation shall comply with the provisions of Section 41-A Cr.P.C.

In this case, the F.I.R. clearly shows that prima-facie Section 420 read with Section 406 read with 504 I.P.C. are submitted and therefore, we are the machinery to put into motion in the light of the judgment of the Apex Court in the case of State of Telangana vs. Habib Abdullah Ilahi, (2017) 2 SCC 779 which do not permit us to entertain the petition.

The judgment in Vimal Kumar (supra) is not meant for quashing of matters where prima-facie an offence is found and the judgment of the Apex Court in State of Andhra Pradesh Vs. Gourishetty Mahesh, JT 2010 (6) SC 588 cannot be made applicable to the facts of the case.

The petition is devoid of merits and is dismissed.

Order Date :- 24.6.2022

Nirmal Sinha