Court No. - 44

Case :- CRIMINAL MISC. WRIT PETITION No. - 6022 of 2022

Petitioner :- Rishab Agarwal

Respondent :- State Of U P And 3 Others

Counsel for Petitioner :- Vijay Tripathi,Rajeev Kumar

Counsel for Respondent :- G.A.

Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Rajnish Kumar,J.

Heard learned counsel for the petitioner, Sri Pankaj

Dwivedi, advocate for respondent no. 4 and learned A.G.A.

for the State.

Prayer made in this petition although is to quash the First

Information Report registered as Case Crime No. 267 of

2022, under Sections 323 and 342 IPC, and Section 11 (I),

12 of PACSO Act, 2012 Police Station-Tajganj, District-Agra

but at the time when the matter is taken up, learned

counsel for the petitioner confines his prayer to grant them

protection under Section 41-A Cr.P.C.

Whether these allegations are correct or not is a matter to

be examined at the stage of investigation. Prayer made to

quash the first information report, therefore, is declined in

view of the law laid down by the Supreme Court in the case

of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2

SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of

Maharashtra and Others, (2021) SCC Online SC 315.

The writ petition is, accordingly, dismissed.

It is, however, provided that in the event provisions of

Section 41-A of the Code of Criminal Procedure are

attracted in the facts of the case, the authorities shall

ensure its compliance.

Order Date :- 24.5.2022

n.u.

Digitally signed by NASEEM UDDIN

Date: 2022.05.25 17:11:04 IST

Reason:

Location: High Court of Judicature

at Allahabad