Disposed

Shadab and 9 Others v. State of U.P. and 2 Others

Allahabad HC3 Dec 2018CRLP/34847/2018

Case brief

AI extract

What is this about?

Court directed police to comply with Section 41(1)(b) and 41-A Cr.P.C. if arresting petitioners in an IPC case involving under 7 years sentence. Order loses validity if police submit Section 173(2) report before compliance. Writ petition disposed accordingly.

What did the court decide?

Directed police to comply with Section 41(1)(b) and 41-A Cr.P.C. for arrest; order lapses if Section 173(2) report is filed.

Shadab and 9 Others Vs State of U.P. and 2 Others — Bail and Remand | Allahabad HC (2018)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 34847 of 2018 Petitioner :- Shadab And 9 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogendra Pal Singh Counsel for Respondent :- G.A. Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.

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

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By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR registered as Case Crime No. 579 of 2018, under Sections 147,225,332,342,353 IPC, registered at P.S. Sadar Bazar, District Meerut.

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It is submitted by the learned counsel for the petitioners that the petitioners are unnecessarily harassed at the behest of the complainant. If the offence alleged to have been committed by the petitioners be taken in entirety and charges are found to be proved, the petitioners cannot be awarded sentence of more than 7 years. In this view, the arrest of the petitioners 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 in the aforesaid case in which they are wanted, the concerned police personnel should deal with the matter in compliance of the provisions as contained under Section 41 (1) (b) read with Section 41A 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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The writ petition stands disposed of.

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Order Date :- 3.12.2018

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M. Tariq

Shadab and 9 Others v. State of U.P. and 2 Others

Case brief

What is this about?

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Shadab and 9 Others v. State of U.P. and 2 Others

Case brief

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