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Brijendra Rajpur & Ors. vs State Of U.P. Thru. Prin. Secy. … on 26 August, 2019


?Court No. – 9

Case :- MISC. BENCH No. – 17507 of 2019

Petitioner :- Brijendra Rajpur Ors.

Respondent :- State Of U.P. Thru. Prin. Secy. Home Ors.

Counsel for Petitioner :- Farooqahmad

Counsel for Respondent :- G.A.

Hon’ble Shabihul Hasnain,J.

Hon’ble Narendra Kumar Johari,J.

Case has been called out.

None appears on behalf of respondent no.4.

The respondent no.4 had earlier appeared before this Court and agreed to go with the husband but it is not clear as to why she would not stay with the husband. Be that as it may, since the respondent no.4 is not present, it cannot be said that she is consenting for mediation. Accordingly, the plea for mediation raised by the petitioner is rejected.’

Heard learned Counsel for the petitioner and learned Additional Government Advocate.

The petitioners seek issuance of a writ in the nature of certiorari quashing First Information Report dated 03.06.2019 bearing F.I.R. No.678 of 2019, under Sections 498A, Section494, Section323, Section504 and Section506 of the Indian Penal Code and Section 3/Section4 of Dowry Prohibition Act, Police Station- Kotwali, Disctirct- Unnao.

Learned counsel appearing for the State states that the offences allegedly committed entail a sentence up to seven years. In such circumstances, the investigating officer shall ensure compliance of provisions of Section 41, Section41-A and Section41-B of the Code of Criminal Procedure as provided by Hon’ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 271.

On a perusal of the First Information Report impugned herein it can not be said at this stage that no cognizable offence is made out against the petitioners, therefore, we do not find any valid ground for interfering with the F.I.R., however, as the offence alleged carry a sentence less than or upto seven years, therefore, statutory protection under Section 41, Section41A and Section41B of the Code of Criminal Procedure is already available, which the police authorities are bound to comply in this case also.

The writ petition is accordingly disposed of.

Order Date :- 26.8.2019/Rahul



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