Partly allowed

Avadhesh Kumar and 2 Others v. State of U.P. and 2 Others

Allahabad HC18 Jun 2018CRLP/15459/2018

Case brief

AI extract

What is this about?

The High Court rejected the prayer to quash an FIR disclosing a cognizable offence. However, considering the alleged offence attracts a sentence of less than 7 years, the Court directed police compliance with Section 41(1)(b) and Section 41-A of Cr.P.C. if arrest occurs. The order is finalized with conditions.

What did the court decide?

Rejection of FIR quashing; Direction to police to follow Sections 41(1)(b) and 41-A Cr.P.C. if arrest is made for an offence attracting sentence of less than 7 years.

Avadhesh Kumar and 2 Others Vs State of U.P. and 2 Others — Cheque Dishonour | Allahabad HC (2018)

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Court No. - 4

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Case :- CRIMINAL MISC. WRIT PETITION No. - 15459 of 2018

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Petitioner :- Avadhesh Kumar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dheeraj Kumar Singh,Lal Mani Singh Counsel for Respondent :- G.A.,Sheel Kumar Ojha

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Hon'ble Bala Krishna Narayana,J. Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the petitioners, learned AGA for respondent nos.1 and 2 and Sri Shashidhar Pandey, Advocate, holding brief of Sri Sheel Kumar Ojha, learned counsel for respondent no.3.

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This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 14.5.2018 registered as Case Crime No. 0531 of 2018 u/s 420, 406, 504, 506 IPC, P.S.- Kalyanpur, District- Kanpur Nagar.

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This Court has the occasion to peruse the F.I.R. and the F.I.R. in question does disclose a cognizable offence. In view of this, there is no occasion for this Court to quash the F.I.R. as has been prayed on behalf of petitioners. As such, prayer made on the said score is refused by this Court.

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Learned counsel for the petitioners next contended that the offence in question as has been alleged to have been committed by the petitioners is u/s 420, 406, 504, 506 IPC, and the said offence, even if the charges are found to be proved, sentence of more than 7 years can not be awarded and in view of this, mechanically arrest should not be effectuated by the police personnel.

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The fact of the matter is that till date, arrest has not been effectuated and this is mere apprehension of the petitioners that they would be arrested in breach of provisions as contained under Section 41(1)(b) read with Section 41-A of the Cr.P.C. Once there is statutory provision provided for, then it is always expected that the said provisions would be adhered to and in case there is any violation of the same, complaint can also be made before the Magistrate concerned to remedy the situation.

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In view of the above, it is hereby directed that in case arrest of petitioners is to be effectuated and the offence, in which they are wanted, will not entail sentence of more than 7 years, then in that event, concerned police personnel should deal with the matter in compliance of the provisions as contained under Section 41(1)(b) read with Section 41-A of the Cr.P.C.

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It is further provided that if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the petitioners shall not be entitled to any benefit of this order.

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With the above directions, this petition is disposed of finally.

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Order Date :- 18.6.2018 Shalini

Avadhesh Kumar and 2 Others v. State of U.P. and 2 Others

Case brief

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Avadhesh Kumar and 2 Others v. State of U.P. and 2 Others

Case brief

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What the court decided

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