JUNAID Vs. STATE OF U.P.

JUDGEMENT

(1.) Although prayer made in this writ petition is to quash the First Information Report registered as Case Crime No. 295 of 2022, under Sec. 3/7 Essential Commodities Act, 1955, Police Station Civil Lines, District Aligarh, but at the time when the matter is taken up learned counsel for the petitioner confines his relief to grant of protection under sec. 41-A of Code of Criminal Procedure.

(2.) We have perused the the First Information Report, which prima facie discloses commissioning of cognizable offence and, therefore, the prayer made to quash F.I.R. otherwise cannot be entertained 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.

(3.) It is, however, provided that in the event provisions of Sec. 41-A of the Code of Criminal Procedure are attracted in the facts of the case, the authorities shall ensure its compliance.