Partly allowed

Awadhesh Sachan v. State of U.P. and 3 Others

Allahabad HC22 Nov 2018CRLP/33450/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition, the High Court of Allahabad refused to quash an FIR under Sections 379 and 411 IPC and Mining Act provisions. While refusing the quash due to the cognizable nature of the offence, the Court directed police compliance with arrest procedures under Section 41-A Cr.P.C. if the sentence exceeds seven years.

What did the court decide?

Refused quashing of FIR but directed police to comply with Section 41-A Cr.P.C. terms for arrest before final police report.

Awadhesh Sachan Vs State of U.P. and 3 Others — Narcotics (NDPS) | Allahabad HC (2018)

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Court No. - 4

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Case :- CRIMINAL MISC. WRIT PETITION No. - 33450 of 2018

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Petitioner :- Awadhesh Sachan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Gupta Counsel for Respondent :- G.A.

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

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Heard learned counsel for the petitioner and learned AGA for the State.

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Petitioner has approached this Court with a request to quash the FIR registered as Case Crime No. 93 of 2018, under Sections 379, 411 I.P.C. and Section 4/21 Mines and Minerals (Development and Regulation) Act, 1957, Rule 3/7 Uttar Pradesh Mines and Mineral (Concession) Rules, 1963 and Section 3/5 Prevention of Damage to Public Property Act, registered at P.S. Lalpura, District Hamirpur.

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This Court has the occasion to peruse the FIR and the FIR in question does discloses a cognizable offence, in view of this, there is no occasion for this Court to quash the FIR, as has been prayed on behalf of petitioner, as such, prayer made on the said score is refused by this Court.

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Learned counsel for the petitioner next contended that the offence in question as has been alleged to have been committed by the petitioner is under Sections 379, 411 I.P.C. and Section 4/21 Mines and Minerals (Development and Regulation) Act, 1957, Rule 3/7 Uttar Pradesh Mines and Mineral (Concession) Rules, 1963 and Section 3/5 Prevention of Damage to Public Property Act 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 petitioner that he 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 petitioner is to be effectuated and the offence, in which he is 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 petitioner shall not be entitled to any benefit of this order.

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Writ petition stands disposed of.

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Order Date :- 22.11.2018 SA

Awadhesh Sachan v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Awadhesh Sachan v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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