The Court directed police to comply with Section 41(1)(b) and 41A Cr.P.C. if arresting the petitioners in the registered FIR, addressing their apprehension of arrest without prior statutory show-cause notice.
Direction to deal with any warrant/arrest in compliance with Section 41(1)(b) read with Section 41A Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 36140 of 2018
Petitioner :- Bandana And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Dwivedi,Shiv Shankar Kaithal Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioners and learned AGA for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 16.5.2018 registered as Case Crime No.332 of 2018, under Sections 147,323,504,506,365 IPC and Section 7/8 of P.O.C.S.O. Act, 2012, P.S. Kotwali, District Fatehpur.
It is submitted by the learned counsel for the petitioners that the petitioners are being 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.
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.
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.
The writ petition stands disposed of.
Order Date :- 12.12.2018 M. Tariq
2 issues framed by the court
Whether the petitioners' apprehension of arrest without compliance with statutory provisions for anticipatory bail justifies a direction to the police to adhere to Section 41(1)(b) and 41A Cr.P.C.
Whether the writ jurisdiction under Article 226 should be exercised to protect the petitioners from obligatory arrest in the alleged offence.
1 provisions across 1 enactments
Bandana And 5 Others
State Of U.P. And 3 Others
Naheed Ara Moonis
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
