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Judgment
Although prayer made in this writ petition is to quash the First Information Report registered as Case Crime No. 004 of 2024, under Sections 147, 323, 354, 354(Kha), 427, 392 IPC, Police Station Achhnera, District Agra, but at the time when the matter is taken up learned counsel for the petitioners confines his relief to grant of protection under section 41-A of Code of Criminal Procedure.
Counsel for the petitioners states that during the investigation Sections 354-B and 392 have been omitted by the Investigating Agency and the investigation only remains in remaining sections.
We have perused the First Information Report, which prima facie discloses commissioning of cognizable offence and, therefore, the prayer made to quash the First Information Report 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. Prayer made in that regard is, therefore, declined.
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 concerned shall ensure its compliance.
Subject to the observations made above, this writ petition is consigned to records.